o 


ACTS  OF  ASSEMBLY^ 


1 


RELATING  TO. 


THE  UNIVERSITY  OF  PENNSYLVANIA, 


TOGETHER  WITH 


THE  REVISED  CODE 


STATUTES  AND  BY-LAWS. 


Adopted  Noveaiber,  1877. 


PHILADELPHIA: 

PRINTED  BY  J.  B.  LIPPINCOTT  & CO. 

1877. 


I 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


r 


https://archive.Org/details/actSOfassemblyreOOpenn_O 


CHARTER 


OP  THE 

COLLEGE  OF  PHILADELPHIA, 

m PEF^TSYLYA^TIA. 


CHARTER 

To  Thomas  Lawrence  and  others,  to  he  Trustees  of  the  Academy 
and  Charitable  School  in  the  Province  of  Pennsylvania. — \^th 
July,  1753. 

Thomas  Penn  and  Richard  Penn,  true  and  absolute  proprie- Preamble, 
tors  and  governors  in  chief  of  the  province  of  Pennsylvania  and 
counties  of  Newcastle,  Kent,  and  Sussex,  on  Delaware,  To  all 
persons  to  whom  these  presents  shall  come,  greeting  : Whereas, 
the  well-being  of  a society  depends  on  the  education  of  their  youth, 
as  well  as,  in  great  measure,  the  eternal  welfare  of  every  individual, 
by  impressing  on  their  tender  minds  principles  of  morality  and  reli- 
gion, instructing  them  in  the  several  duties  they  owe  to  the  society 
in  which  they  live,  and  one  towards  another,  giving  them  the 
knowledge  of  languages,  and  other  parts  of  useful  learning  neces- 
sary thereto,  in  order  to  render  them  serviceable  in  the  several 
public  stations  to  which  they  may  be  called.  And  whereas,  it  hath 
been  represented  to  us  by  Thomas  Lawrence,  William  Allen,  John 
Inglis,  Tench  Francis,  William  Masters,  Lloyd  Zachary,  Samuel 
M’Call,  junior,  Joseph  Turner,  Benjamin  Franklin,  Thomas  Leech, 

William  Shippen,  Robert  Strettell,  Philip  Syng,  Charles  Willing, 

Phineas  Bond,  Richard  Peters,  Abraham  Taylor,  Thomas  Bond, 

Joshua  Maddox,  William  Plumstead,  Thomas  White,  William 


4 


Coleman,  Isaac  Norris,  and  Thomas  Cadwalader,  of  our  city  of 
Pliiladelphia,  gentlemen,  that  for  the  erecting,  establishing,  and 
maintaining  an  academy  within  our  said  city,  as  well  to  instruct 
youth  for  reward,  as  poor  children  whose  indigent  and  helpless 
circumstances  demand  the  charity  of  the  opulent  part  of  mankind, 
several  benevolent  and  charitable  persons  have  generously  paid, 
and  by  subscriptions  promised  hereafter  to  pay,  into  their  hands  as 
trustees,  for  the  use  of  the  said  academy,  divers  sums  of  money, 
which  sums  already  paid,  they,  the  said  trustees,  have  expended  in 
the  purchase  of  lands  well  situated,  and  a building  commodious  for 
the  uses  aforesaid,  within  our  said  city  in  maintaining  an  academy 
there  as  well  for  the  instruction  of  poor  children  on  charity,  as 
others  whose  circumstances  have  enabled  them  to  pay  for  their 
learning,  for  some  time  past,  and  in  furnishing  the  said  academy 
with  books,  maps,  mathematical  instruments,  and  other  necessaries 
of  general  use  therein,  according  to  the  intentions  of  the  donors. 
And  whereas^  the  said  trustees  to  facilitate  the  progress  of  so  good 
a work,  and  to  perfect  and  perpetuate  the  same,  have  humbly  be- 
sought us  to  incorporate  them  and  their  successors.* 


* On  the  15tli  of  September,  1740,  Jonathan  Price  conveyed  to  Edmond 
"Wooley,  John  Coats,  John  Howell,  and  William  Price  a lot  of  ground  con- 
taining 150  feet  on  the  west  side  of  Fourth,  between  Market  and  Mulberry 
Streets,  and  in  depth  198  feet.  A considerable  number  of  persons,  of  dif- 
ferent denominations  in  religion,  having  united  to  erect  a large  building  on 
the  lot,  intending  that  the  same  should  be  appointed  to  the  use  of  a charity 
school  for  the  instruction  of  poor  children  in  useful  literature  and  of 

the  Christian  religion,  and  also  that  the  same  should  be  used  as  a house  of 
public  worship,  and  that  the  use  of  said  building  should  be  under  the  direc- 
tion of  certain  trustees,  viz.,  George  Whitfield,  William  Seward,  John  S.  Bene- 
zet,  Thomas  Noble,  Samuel  Hazard,  Robert  Eastburn,  James  Read,  Edward 
Evans,  and  Charles  Brockden;  who  were  “to  appoint  fit  and  able  school- 
masters and  schoolmistresses  for  the  service  of  said  school,  and  introduce 
such  Protestant  ministers  to  preach  therein  as  they  should  judge  sound  in 
principles,  zealous,  and  faithful  in  the  discharge  of  their  duty,  and  acquainted 
with  the  religion  of  the  heart,  and  experimental  piety,  without  any  regard  to 
those  distinctions  of  different  sentiments  in  lesser  matters,  which  have,  to  the 
scandal  of  religion,  unhappily  divided  real  Christians” — to  preserve  the  said 
lot  and  buildings  which  then  were  or  should  thereafter  be  erected  thereon, 
the  said  Edmond  Wooley,  &c.,  by  deed  of  the  14th  November,  1740,  to  George 
Whitfield,  &c.,  did  declare  that  they  would  thenceforth  stand  seised  of  said 
lot,  &c.,  in  trust  for  the  said  George  Whitfield  and  others,  their  heirs,  &c,. 


5 


Now  know  ye,  That  we  favouring  such  pious,  useful,  generous, 
and  charitable  designs,  hoping,  through  the  favour  of  Almighty 
God,  this  academy  may  prove  a nursery  of  virtue  and  wisdom,  and 
that  it  will  produce  men  of  dispositions  and  capacities  beneficial  to 
mankind  in  the  various  occupations  of  life;  but  more  particularly 
suited  to  the  infant  state  of  North  America  in  general,  and  for 


and  that  they  would  convey  the  same  to  such  persons  and  to  such  uses  as  the 
said  George  Whitfield,  &c.,  should  nominate  and  appoint;  and  then  reciting 
that  a large  building  had  been  erected  on  the  premises,  and  to  the  end  that 
the  same  should  be  applied  to  the  good  and  pious  purposes  originally  intended, 
the  surviving  cestui  que  uses  appointed  that  the  same  should  be  conveyed  to 
James  Logan,  Thomas  Lawrence,  William  Allen,  John  Inglis,  Tench  Francis, 
William  Masters,  Lloyd  Zachary,  Samuel  M’Call,  jun.,  Joseph  Turner,  Benja- 
min Franklin,  Thomas  Leech,  William  Shippen,  Robert  Strettell,  Philip  Syng, 
Charles  Willing,  Phineas  Bond,  Richard  Peters,  Abraham  Taylor,  Thomas 
Bond,  Thomas  Hopkins,  William  Plurastead,  Joshua  Maddox,  Thomas  White, 
and  William  Coleman.  On  the  1st  February,  1749,  in  pursuance  of  said 
appointment,  Edmond  Wooley,  and  others  conveyed  the  premises  to  William 
Lawrence,  &c.,  for  the  uses  and  trusts  and  subject  to  the  agreement  following : 

“That  in  and  upon  the  said  ground,  buildings,  and  premises,  shall  be 
placed,  erected,  founded,  established,  or  kept,  by  the  said  James  Logan,  &c,, 
a house  or  place  of  public  worship,  and  also  one  free  school  for  the  instruct- 
ing, teaching,  and  education  of  poor  children ; and  that  the  said  James  Logan, 
&c  , and  the  survivors  of  them,  and  the  assigns  of  such  survivors  shall  have 
full  power,  license,  authority,  at  their  will  and  pleasure,  from  time  to  time, 
and  at  all  times  hereafter,  to  nominate  and  appoint  to  be  taught  and  in- 
structed therein,  such  number  of  poor  children  as  shall  be  suitable  to  the 
funds  they  shall  have  in  their  hands  for  that  purpose,  and  to  choose  a com- 
mittee of  their  number,  yearly,  to  take  special  care  of  the  said  school,  and  like- 
wise to  nominate  and  appoint  one  or  more  learned,  able,  and  sufficient  person 
or  persons  as  master  or  masters,  usher  or  ushers,  mistress  or  mistresses, 
to  teach  and  instruct  the  said  children  gratis,  in  useful  literature  and  the 
knowledge  of  the  Christian  religion ; and  likewise,  from  time  to  time,  to 
introduce  such  preacher  or  preachers,  whom  they  shall  judge  qualified,  to 
preach  and  teach  the  word  of  God  occasionally,  in  the  said  place  of  public 
worship,  but  yet,  so  as  that  no  particular  sect  be  fixed  there  as  a settled  con- 
gregation; and  shall  at  all  seasonable  times  permit  and  suffer,  in  his  reason- 
able turn,  any  regular  minister  of  the  gospel  to  preach  in  the  house  or  place 
on  the  premises  which  shall  be  set  apart  for  public  worship,  who  hath  signed, 
or  hereafter  shall  sign,  certain  articles  of  religion,  annexed  to  the  deed,  and 
whom  they  shall  moreover  judge  to  be  otherwise  duly  qualified  as  above, 
and  particularly  shall  permit  the  free  and  uninterrupted  use  of  the  said 
place  of  worship  to  the  Rev.  Mr.  George  Whitfield,  whenever  he  shall  happen 


Trustees  in- 
corporated. 


( 


6 


other  causes  and  considerations  us  hereto  specially  moving,  have 
granted,  ordained,  declared,  constituted,  and  appointed,  and  by 
these  presents  we  do,  for  us,  our  heirs,  and  successors  grant,  ordain, 
declare,  constitute,  and  appoint.  That  the  said  Thomas  Lawrence, 
William  Allen,  John  Inglis,  Tench  Francis,  William  'Masters, 
Lloyd  Zachary,  Samuel  M’Call,  junior,  Joseph  Turner,  Benjamin 
Franklin,  Thomas  Leech,  William  Shippen,  Robert  Strettell,  Phi- 
lip Syng,  Charles  Willing,  Phineas  Bond,  Richard  Peters,  Abra- 


to  be  in  the  city,  and  desire  to  preach  therein.  And  further,  that  the  said 
James  Logan,  &c.,  shall  and  may,  from  time  to  time,  and  at  all  times  here- 
after, at  their  will  and  pleasure,  make,  set  down,  and  appoint  such  rules 
and  ordinances  for  the  rule,  government,  and  well  ordering  of  the  said  place 
of  public  worship  and  school,  and  of  the  said  master  or  masters,  mistress  or 
mistresses,  usher  or  ushers,  and  children,  for  the  time  being,  as  to  them  or  a 
majority  of  them,  the  said  James  Logan,  &c.,  shall  seem  meet  and  convenient, 
so  as  such  rules  or  ordinance,  be  consistent  with,  and  shall  not  contain  any 
matter  or  thing  contradictory  to  the  true  intent  and  design  of  these  presents. 
And  further,  that  the  said  James  Logan,  &c.,  shall  have  full  power  to  found, 
erect,  establish,  and  continue,  in  and  upon  the  said  house  and  premises,  such 
other  school,  academy,  college,  or  other  seminary  of  learning,  for  instruct- 
ing youth  in  the  languages,  arts,  and  sciences,  and  generally  to  improve  the 
premises  to  such  other  use  or  uses  for  the  benefit  of  mankind  and  the  good 
of  society  as  to  them  shall  seem  meet,  so  that  the  same  be  not  inconsistent 
with  the  above  declared  originally  intended  uses  which  are  bona  fide  to  be 
always  fulfilled  and  preserved,  and  never  impeded,  interrupted,  or  discon- 
tinued. And  further,  that  the  said  James  Logan,  &c  , shall  be  governors, 
rulers,  directors,  and  trustees,  for  the  purpose  herein  contained  and  men- 
tioned, until  a charter  of  corporation  from  the  governor  of  this  province  of 
Pennsylvania,  for  the  time  being,  to  the  said  trustees,  or  the  survivors  of 
them,  or  their  assigns,  shall  be  obtained  for  the  uses  and  intents  herein  con- 
tained. And  as  often  as  any  ten  or  more  of  them,  the  said  James  Logan,  &c., 
or  their  successors,  shall  happen  to  die,  the  survivors  of  them  shall  bj-^  good 
and  sufficient  conveyance  or  conveyances,  assurance  or  assurances,  in  the 
law,  convey  and  assure  all  the  said  ground  and  buildings  thereon  erected,  or 
to  be  built  and  erected,  with  the  appurtenances  in  fee  simple,  to  and  upon 
the  same  uses,  trusts, 'intents,  and  purposes,  and  subjected  to  and  under  the 
same  covenants  and  agreements  herein  contained  and  specified,  to  twenty- 
four  lawful,  true,  and  honest  Christian  men,  to  be  named  and  appointed  by 
the  majoi’ity  of  the  survivors  of  them,  the  said  James  Logan,  &c.,  for  the  uses, 
trusts,  intents,  and  purposes  aforesaid,  so  that,  if  possible,  there  may  always 
forever  hereafter  be  the  number  of  twenty-four  such  persons  in  being,  to 
rule,  govern,  order,  and  direct,  in,  about,  and  concerning  the  premises,  and 
the  good  purposes  hereby  intended.” 


7 


ham  Taylor,  Thomas  Bond,  Joshua  Maddox,  William  Plumstead, 

Thomas  White,  William  Coleman,  Isaac  Norris,  and  Thomas  Cad- 
walader,  and  such  others,  as  shall  be  from  time  to  time  chosen, 
nominated,  or  elected  in  their  place  and  stead,  shall  be  one  com- 
munity, corporation,  and  body  politic,  to  have  continuance  forever, 
by  the  name  of  The  Trustees  of  the  Academy  and  Charitable  School 
in  the  province  of  Pennsylvania,  and  that  by  the  same  name,  they 
shall  have  perpetual  succession,  and  that  they  and  their  successors 
by  that  name,  shall  be  able  and  capable  in  law  to  purchase,  have, 
take,  receive,  and  enjoy  to  them  and  their  successors  in  fee  and  in 
perpetuity,  or  for  any  other  or  lesser  estate  or  estates,  any  manors, 
lands,  tenements,  rents,  annuities,  pensions,  or  other  hereditaments 
within  the  said  province  of  Pennsylvania  or  three  lower  counties 
of  New  Castle,  Kent,  and  Sussex,  by  the  gift,  grant,  bargain,  sale, 
alienation,  enfeoffment,  release,  confirmation,  or  devise  of  any  per- 
son or  persons,  bodies  politic  or  corporate,  capable  to  make  the 
same.  And  further,  that  they  may  take  and  receive  any  sum  or 
sums  of  money,  or  any  kind,  manner,  or  portion  of  goods  or  chat- 
tels that  shall  to  them  be  given,  granted,  or  bequeathed  by  any 
person  or  persons,  bodies  politic  or  corporate,  capable  to  make  a 
gift,  grant,  or  bequest  thereof;  and  therewith  to  erect,  set  up, 
maintain,  and  support  an  academy  or  any  other  kind  of  seminary 
of  learning  in  any  place  within  the  said  province  of  Pennsylvania, 
where  they  shall  judge  the  same  to  be  most  necessary  and  conve- 
nient for  the  instruction,  improvement,  and  education  of  youth  in 
any  kind  of  literature,  erudition,  arts,  and  sciences,  which  they 
shall  think  fitting  and  proper  to  be  taught.  And  we  do  hereby 
grant  and  ordain.  That  the  said  trustees  and  their  successors  by 
the  name  aforesaid,  shall  be  able  in  law  to  sue  and  be  sued,  plead  to  sue,  &c. 
and  be  impleaded  in  any  court  or  courts,  before  any  judge,  judges, 
or  justices  within  the  said  province  of  Pennsylvania,  the  three 
lower  counties  of  New  Castle,  Kent,  and  Sussex,  and  elsewhere ; 
in  all  and  all  manner  of  suits,  complaints,  pleas,  causes,  matters, 
and  demands  of  whatsoever  kind,  nature,  or  form  they  be;  and  all 
and  every  other  matters  and  things  therein  to  do  in  as  full,  ample, 
and  effectual  a manner,  as  any  other  person  or  persons,  bodies 
politic  or  corporate  within  that  part  of  the  kingdom  of  Great  Bri- 
tain called  England,  or  within  the  said  province  of  Pennsylvania,  or 
three  lower  counties  in  the  like  cases  may  or  can  do.  And  we 
do  hereby  give  and  grant  unto  the  said  trustees  and  their  success- 


8 


To  have  a oi’s,  fall  DOwer  and  authority  to  make,  have,  and  use  a common 

common  i i i 

seal.  seal  \vith  such  stamp  and  inscription  as  they  shall  think  proper ; 

and  the  same  to  change,  break,  alter,  and  renew  at  their  pleasure. 
{And  further , in  order  to  continue  and  perpetuate  this  community 
removal^ &c^  Corporation,  We  do  grants  ordain,  and  declare,  that  when  any 

of  a trustee,  one  or  more  of  the  present  or  future  trustees  of  this  academy  and 
cated.  school,  shall  remoye  his  or  their  habitation  or  habitations,  and 
shall  dwell  at  the  distance  of  five  miles  from  the  seat  of  the  said 
academy  at  that  time,  or  shall  go  and  reside  out  of  the  province 
of  Pennsylvania,  although  at  a place  nearer  to  the  said  academy 
than  five  miles,  or  shall  happen  to  die  or  be  otherwise  disabled  from 
performing  the  office  and  duty  of  a trustee  or  trustees,  the  other 
trustees  shall,  as  soon  after  as  they  conveniently  can,  proceed  to 
elect  and  choose  one  or  more  fit  person  or  persons,  then  residing 
wdthin  five  miles  of  the  said  academy,  and  within  the  said  province, 
to  fill  the  place  or  places  of  such  absenting,  deceased,  or  disabled 
person  or  persons.)*  And  we  do  also,  for  us,  our  heirs,  and  suc- 
cessors, give  and  grant  to  the  said  trustees  and  corporation,  and 
their  successors,  full  power  and  authority  in  all  time  and  times 
coming,  to  make,  ordain,  and  enact  all  such  rules,  ordinances,  laws, 
and  statutes,  and  from  time  to  time  to  alter  and  amend  the  same 
as  they  shall  judge  most  convenient,  reasonable,  and  needful  for 
the  good  government  of  the  said  community,  the  management  of 
the  affairs  thereof,  and  the  effectual  promotion  of  the  good  ends 
hereby  intended;  provided  always.  That  the  said  rules,  ordinances, 
laws,  and  statutes,  be  not  repugnant  to  the  laws  and  statutes  then 
in  force  in  the  kingdom  of  Great  Britain,  or  to  the  laws  then  in 
force  in  our  said  province  of  Pennsylvania.  And  lastly,  We  do, 
for  us  and  our  successors,  grant,  declare,  and  ordain.  That  these 
our  letters  patent  and  charter,  and  every  clause,  sentence,  and 
article  herein  contained  shall  be  in  all  things  firm,  valid,  sufficient, 
and  effectual  in  the  law  unto  the  said  trustees,  community,  and 
corporation,  and  their  successors,  according  to  the  purport  and 
tenor  hereof,  without  any  further  grant  or  toleration  from  us,  our 
heirs,  or  successors,  to  be  procured  or  obtained.  In  witness 
whereof,  we  have  caused  these  our  letters  to  be  made  patent;  icit- 
7iess,  James  Hamilton,  Esq.,  lieutenant  governor  and  commander 


This  part  of  the  section  is  omitted  in  the  additional  charter,  1755,  post. 


9 


in  chief,  in  and  over  the  said  province  of  Pennsylvania,  at  the  city 
of  Philadelphia,  the  thirteenth  day  of  July,  in  the  twenty-seventh  1753. 
year  of  the  reign  of  our  sovereign  lord,  George  the  Second,  who 
now  is  king  of  Great  Britain,  France,  and  Ireland,  &c.,  and  in  the 
year  of  our  Lord,  one  thousand  seven  hundred  and  fifty-three. 

JAMES  HAMILTON.  (L.  S.) 

Recorded  I6th  July,  1153,  in  Commission  Book,  Book  A,  vol. 

2,  page  150. 


ADDITIO^TAL  OHAETER. 


16th  JUNE,  1755.  Orig.  dated 

14May,17o5. 

Thomas  Penn  and  Richard  Penn,  true  and  absolute  proprieta- 
ries of  the  province  of  Pennsylvania,  and  counties  of  New  Castle, 

Kent,  and  Sussex,  on  Delaware,  to  all  persons  to  whom  these 
presents  shall  come,  greeting: 

Whereas  it  was  heretofore  represented  to  us,  by  Thomas  Law-  Preamble, 
rence,  William  Allen,  John  Inglis,  Tench  Francis,  William  Mas- 
ters, Lloyd  Zachary,  Samuel  M’Call,  junior,  Joseph  Turner, 

Benjamin  Franklin,  Thomas  Leech,  William  Shippen,  Robert 
Strettell,  Philip  Syng,  Charles  Willing,  Phineas  Bond,  Richard 
Peters,  Abraham  Taylor,  Thomas  Bond,  Joshua  Maddox,  William 
Plurastead,  Thomas  White,  William  Coleman,  Isaac  Norris,  and 
Thomas  Cadwalader,  of  our  city  of  Philadelphia,  gentlemen  : That 
they  had,  at  their  own  expense,  and  by  the  donations  of  many  well 
disposed  persons,  set  up  and  maintained  an  academy  within  our  said 
city,  as  well  for  instructing  youth  for  reward,  as  poor  children  on 
charity,  and  praying  us  to  incorporate  them  and  their  successors, 
for  the  more  effectual  carrying  on  and  establishing  the  same: — 

And  whereas  we,  being  desirous  to  encourage  such  pious,  useful.  Trustees  in- 
and  charitable  designs,  hoping  that  the  said  academy,  through 
blessing  of  Almighty  God,  would  prove  a nursery  of  wisdom  and 
virtue,  and  be  the  means  of  raising  up  men,  of  dispositions  and 
qualifications  beneficial  to  the  public,  in  the  various  occupations  of 
life,  and  for  other  causes  and  considerations  us  thereto  specially 
moving,  did,  for  us,  our  heirs  and  successors,  by  our  charter,  under 
the  great  seaP  of  our  said  province,  grant,  ordain,  declare,  consti- 
tute and  appoint.  That  the  said  Thomas  Lawrence,  William  Allen, 


10 


Confirma- 
tion of  the 
first  charter 


One  article 
excepted. 


John  Inglis,  Tench  Francis,  William  Masters,  Lloyd  Zachary, 
Samuel  M’Call,  junior,  Joseph  Turner,  Benjamin  Franklin,  Thomas 
Leech,  William  Shippen,  Robert  Strettell,  Philip  Syng,  Charles 
Willing,  Phineas  Bond,  Richard  Peters,  Abraham  Taylor,  Thomas 
Bond,  Joshua  Maddox,  William  Plumstead,  Thomas  White,  Wil- 
liam Coleman,  Isaac  Norris,  and  Thomas  Cadwalader,  and  their 
successors,  duly  elected  and  nominated  in  their  place  and  stead, 
should  be  one  corporation  and  body  politic,  to  have  continuance 
for  ever,  by  the  name  of  The  Trustees  of  the  Academy  and  Chari- 
table School  in  the  province  of  Pennsylvania,  capable  to  purchase 
and  hold  lands,  to  receive  donations,  to  sue  and  be  sued,  to  have 
and  to  use  a common  seal,  to  make  rules  and  statutes,  and  to  do 
everything  needful  for  the  good  government  and  perfect  establish- 
ment of  the  said  academy,  or  of  any  other  kind  of  seminary  of 
learning,  which  they  should  think  fit  to  erect,  maintain,  and  sup- 
port in  any  place  within  the  said  province  of  Pennsylvania,  for 
the  instruction  of  youth  in  any  kind  of  literature,  arts,  and  sciences, 
as  by  our  said  charter,  enrolled  in  our  recorder’s  office  for  the  said 
province,  at  the  city  of  Philadelphia  aforesaid;  may  more  fully  and 
at  large  appear. 

Now  know  ye,  That  we  do,  for  us,  our  heirs  and  successors,  by 
. these  presents,  approve  of,  ratify,  and  fully  confirm  to  the  said 
trustees  and  their  successors,  all  and  singular  the  premises,  together 
with  all  and  singular  the  matters,  clauses,  sentences,  and  articles 
contained  in  our  said  letters  patent  and  charter,  excepting  only 
one  article,*  by  these  our  present  letters  and  charter  altered  and 
changed. 

Wherefore,  by  the  advice  and  consent  of  the  said  trustees,  know  ye, 
That  we  do  will  and  ordain,  that  the  present  trustees  of  the  said 
academy,  to  wit:  James  Hamilton,  William  Allen,  John  Inglis, 
Tench  Francis,  William  Masters,  Lloyd  Zachary,  Samuel  M’Call, 
junior,  Joseph  Turner,  Benjamin  Franklin,  Thomas  Leech,  Wil- 
liam Shippen,  Robert  Strettell,  Philip  Syng,  Phineas  Bond,  Joshua 
Maddox,  William  Plumstead,  Thomas  White,  William  Coleman, 
Thomas  Cadwalader,  Alexander  Stedman,  and  John  Mifflin,  and 
such  other  persons  as  shall  from  time  to  time  be  nominated  or 
chosen  in  their  place  and  stead,  according  to  the  order  and  direc- 
tion of  our  said  recited  letters  and  charter,  shall  be  one  community. 


* Relating  to  the  removal  of  trustees  from  the  city,  &c.  See  page  8. 


11 


corporation,  and  body  politic,  to  have  continuance  forever,  by  the 
name  of  ^^The  Trustees  of  the  College,  Academy,  and  Charitahle^iyiQ. 
School  of  Philadelphia,  in  the  Province  of  Pennsylvania,^''  and  that, 
by  the  same  name,  they  shall  have  perpetual  succession. 

And  we  do  hereby,  for  us,  our  heirs  and  successors,  grant,  ordain,  Recital  of 
and  declare.  That  the  said  trustees  and  their  successors,  by  thatS^thrchar- 
name,  shall  be  able  and  capable  in  law,  to  purchase,  have,  receive.  Trustees  to 
take,  hold,  and  enjoy,  to  them  and  their  successors  in  fee  and  per- and^^alke 
petuity,  or  for  any  other  lesser  estate  or  estates,  any  manors,  lands, 
tenements,  rents,  annuities,  pensions,  or  other  hereditaments,  within 
the  said  province  of  Pennsylvania,  or  three  lower  counties  of  New 
Castle,  Kent,  and  Sussex,  upon  Delaware,  by  the  gift,  grant,  bar- 
gain, sale,  alienation,  enfeoffment,  release,  confirmation,  or  devise 
of  any  person  or  persons,  bodies  politic  or  corporate,  capable  to 
make  the  same ; and  such  manors,  lands,  tenements,  rents,  annui- 
ties, pensions,  or  other  hereditaments,  or  any  lesser  estates,  rights, 
or  interests  of  or  in  the  same,  at  their  pleasure  to  grant,  alien,  And  to  alien 
sell  and  transfer  in  such  manner  and  form  as  they  shall  think  meet 
and  convenient ; and  further,  that  they  may  take  and  receive  any 
sum  or  suras  of  money,  and  any  kind,  manner,  or  portion  of  goods 
and  chattels  that  shall  be  given,  sold,  or  bequeathed  to  them  by 
any  person  or  persons,  bodies  politic  or  corporate,  capable  to  make 
a gift,  sale,  or  bequest  thereof,  and  therewith  to  erect,  set  up,  and 
maintain  any  other  kind  of  seminary  of  learning,  in  any  place  To  maintain 
within  the  said  province  of  Pennsylvania,  where  they  shall  judge  kiud^oftem- 
the  same  most  necessary  and  convenient  for  the  instruction, 
provement,  and  education  of  youth,  in  any  kind  of  literature,  arts, 
and  sciences,  which  they  shall  think  proper  to  be  taught. 

And  we  do  hereby  grant  and  ordain,  That  the  said  trustees  and 
their  successors,  by  the  name  in  this  charter  mentioned,  shall  be 
able  in  law  to  sue  and  be  sued,  plead  and  be  impleaded  in  any  May  sue,  &c. 
court  or  courts,  before  any  judge,  judges,  or  justices  within  our 
said  province  of  Pennsylvania,  the  three  lower  counties  of  New 
Castle,  Kent,  and  Sussex,  on  Delaware,  and  elsewhere,  in  all  and 
all  manner  of  suits,  complaints,  pleas,  causes,  matters,  and  demands, 
of  whatsoever  kind,  nature,  or  form  they  be;  and  all  and  every 
other  matter  and  thing  therein  to  do,  in  as  full  and  effectual  a 
manner  as  any  other  person  or  persons,  bodies  politic  or  corporate, 
within  that  part  of  Great  Britain  called  England,  or  within  the 
said  province  of  Pennsylvania,  or  three  lower  counties  aforesaid,  in 
the  like  cases  may  or  can  do. 


12 


To  have  pub-  And  WB  do  herelv  give  and  grant  unto  the  said  trustees  nnd  their 

lie  and  privy  ^ 

seal.  successors,  full  power  and  authority  to  make,  have,  and  use  one 
common  public  seal,  and  likewise  one  privy  seal,  with  such  devices 
and  inscription  as  they  shall  think  proper;  and  the  same,  or  either 
of  them,  to  change,  break,  alter,  and  renew  at  their  pleasure. 
Preamble  to  ^nd  whereas  the  said  trustees  have,  by  their  petition  to  Robert 
a^po'^eJ-s^'^’ Hunter  Morris,  Esq.,  our  Lieutenant  Governor  and  Commander 
in  Chief  in  and  over  our  said  province  of  Pennsylvania,  and  coun- 
ties of  New  Castle,  Kent,  and  Sussex,  on  Delaware,  represented, 
That  since  our  granting  our  said  recited  charter,  the  academy 
therein  mentioned,  by  the  blessing  of  Almighty  God,  is  greatly 
improved,  being  now  well  provided  with  masters,  not  only  in  the 
learned  languages,  but  also  in  the  liberal  arts  and  sciences,  and 
that  one  class  of  hopeful  students  has  now  attained  to  that  station 
in  learning  and  science,  by  which,  in  all  well  constituted  semina-, 
ries,  youth  are  entitled  to  their  first  degree,  and  which  the  said 
students  are  earnestly  desirous  to  be  admitted  to ; and  that  it  is 
hoped,  from  the  capacities  and  diligence  of  this  class,  they  will 
hereafter  merit  admission  to  the  higher  degrees  in  the  arts  and 
sciences ; from  whence  the  said  trustees  reasonably  expect  a suc- 
cession of  youth  in  this  college  and  academy,  equally  meritorious 
and  deserving  of  such  public  honors,  which  are  at  the  same  time 
the  strongest  incentives  to,  and  the  justest  rewards  of  diligence 
and  merit;  and  therefore  prayed  an  addition  to  our  recited  charter, 
to  empower  them  and  their  successors  to  admit  deserving  students 
to  the  usual  degrees,  and  to  confer  such  dignity  on  the  masters  in 
the  said  seminary,  as  shall  seem  meet  and  necessary  for  its  good 
government  and  establishment  upon  this  enlargement  of  the  design, 
for  the  benefit  both  of  the  present  and  future  times.  And  we 
being  willing  to  grant  this  reasonable  request  of  the  said  trustees, 
and  to  give  all  proper  encouragement  to  an  institution  so  happily 
begun,  and  hitherto  so  successfully  carried  on,  for  the  benefit  of 
our  said  province,  as  well  as  the  neighbouring  provinces  and  colo- 
nies in  America  : - 

Trustees  to  Now  Icnoiv  ye  also,  That  we  do  hereby,  for  us,  our  heirs  and 
provost  and  succcssoi’s,  give  aiid  grant  full  power  and  authority  to  the  said 
vice  provost  their  successors,  from  time  to  time,  and  at  all  times 

forever  hereafter,  in  such  manner,  and  under  such  limitations  as 
they  shall  think  best  and  most  convenient,  to  constitute  and  ap- 
point a Provost  and  Yice-Provost  of  the  said  college  and  academy, 
who  shall  be  severally  named  and  styled  Provost  and  Yice-Provost 


13 


of  the  same.  And  also  to  nominate  and  appoint  professors  for  Profeseors. 
instructing  the  students  of  the  same  seminary,  in  all  the  liberal 
arts  and  sciences,  the  ancient  languages  and  the  English  tongue, 
who  shall  be  severally  styled  Professor  of  such  art,  science,  lan- 
guage, or  tongue,  according  to  each  particular  nomination  and 
appointment;  which  Provost,  Yice-Provost,  and  Professors,  so  Faculty, 
constituted  and  appointed,  shall  be  known  and  distinguished  as 
one  body  and  faculty,  by  the  name  of  The  Provost,  Vice-Provost, 
and  Professors  of  the  College  and  Academy  of  Philadelphia,  in  the 
province  of  Pennsylvania ; and  by  that  name  shall  be  capable  of 
exercising  such  powers  and  authorities  as  the  said  trustees  and 
their  successors  shall  think  necessary  to  delegate  to  them,  for  the 
discipline  and  government  of  the  said  college,  academy,  and  cha- 
ritable school : Provided  ahvays,  That  the  said  trustees,  the  Pro-  Trustees 

" and  faculty 

vost,  and  Yice-Provost,  and  each  Professor,  before  they  shall  to  take  the 
exercise  their  several  and  respective  powers  or  authorities,  offices, 
and  duties,  do  and  shall  take  and  subscribe  the  three  first  written 
oaths  appointed  to  be  taken  and  subscribed,  in  and  by  one  act  of 
Parliament,  passed  in  the  first  year  of  the  reign  of  our  late  sove- 
reign lord,  George  the  first,  intituled.  An  Act  for  the  further 
security  of  his  Majesty’s  Person  and  Government ; and  the  Suc- 
cession of  the  Crown  in  the  Heirs  of  the  late  Princess  Sophia, 
being  protestants,  and  for  extinguishing  the  hopes  of  the  pretended 
Prince  of  Wales,  and  his  open  and  secret  abettors;  and  shall  also 
make  and  subscribe  the  declaration  appointed  to  be  made  and 
subscribed  by  one  other  act  of  parliament,  passed  in  the  twenty- 
fifth  year  of  the  reign  of  king  Charles  the  second,  intituled.  An 
Act  for  preventing  dangers  which  may  happen  from  popish  recu- 
sants; excepting  only  the  people  called  Quakers,  who,  upon  taking, 
making,  and  subscribing  the  affirmations  and  declarations  ap- 
pointed to  be  taken,  made,  and  subscribed,  by  the  acts  of  General 
Assembly  of  the  province  of  Pennsylvania,  to  qualify  them  for  the 
exercise  of  civil  offices,  shall  be  admitted  to  the  exercise  of  all  and 
every  the  powers,  authorities,  offices,  and  duties  above  mentioned, 
any  thing  in  this  provision  to  the  contrary  notwithstanding ; all 
which  oaths  and  affirmations  we  do  hereby  authorize  and  empower 
the  lieutenant  governor  of  our  said  province,  or  the  mayor  or 
recorder  of  the  city  of  Philadelphia,  aforesaid,  or  any  two  justices 
of  the  peace,  for  the  time  being,  to  administer. 

Which  said  trustees,  and  their  successors,  being  qualified  as 


14 


r 

' First  pro 


hereby  directed,  we  do,  hy  these  presents,  for  us,  our  heirs,  and 
successors,  establish  in  their  several  and  respective  offices,  to  have, 
hold,  and  enjoy,  all  and  singular  the  privileges,  liberties,  advan- 
tages, powers,  and  immunities,  herein  or  hereby  given  and  granted, 
or  meant,  mentioned,  or  intended,  to  be  herein  or  hereby  given 
and  granted,  unto  them  and  their  successors  for  ever. 

And  we  do  hereby,  at  the  desire  and  request  of  the  said  trustees, 

vost  and  ^ ^ 

Tice-proTost.  Constitute  and  appoint  the  Reverend  William  Smith,  M.A.,  to  be 
the  first  and  present  provost  of  the  said  college  and  academy,  and 
the  Reverend  Francis  Allison,  M.  A,,  to  be  the  first  and  present 
vice-provost  of  the  same,  who  shall  also  retain  the  name  and  style 
of  Rector  of  the  Academy;  which  offices  the  said  persons  shall 
have  and  hold  only  during  the  pleasure  of  the  said  trustees. 

Meetings  And  we  do  further,  for  us,  our  heirs,  and  successors,  authorize 

and  quo- 
rums of  the  the  said  trustees  and  their  successors,  to  meet  on  such  day  or  days, 

trustees.  , i i,  , , • i i , 

as  they  shall  by  their  laws  and  statutes  appoint,  to  examine  the 
candidates  for  admission  to  degrees  in  the  said  college  and  academy, 
and  also  to  transact,  determine,  and  settle  all  the  business  and 
affairs  of  the  same.  And  we  do  will  and  ordain,  that  at  all  those 
meetings,  such  a number  of  members  so  met  and  convened,  as  shall 
by  the  laws  and  statutes  be  authorized  to  transact  any  particular 
affairs  or  business,  and  the  majority  of  them  shall  have  full  power 
to  transact,  determine,  and  settle  such  affairs  and  business,  in  as 
ample  and  effectual  a manner  as  if  all  the  said  trustees  were  pre- 
sent; excepting  always  the  nominating,  constituting,  and  discharg- 
ing the  provost,  vice-provost,  and  professors,  or  any  of  them  ; in 
all  and  every  of  which  acts,  there  shall  be  thirteen  at  least  of  the 
members  of  the  said  corporation  present  and  consenting. 

To  make  And  we  do  further,  for  us,  our  heirs,  and  successors,  authorize 
empower  and  empower  the  said  trustees,  and  their  successors,  met  from  time 
to  time  as  aforesaid,  to  make  laws  and  statutes  to  regulate,  ascer- 
tain, and  settle  the  precedence,  powers,  and  duties  of  the  said  pro- 
vost, vice-provost  (or  rector),  and  professors,  in  the  execution  of 
the  laws  made,  or  to  be  made,  for  the  education  of  the  youth,  and 
wholesome  government  of  the  said  college,  academy,  and  charitable 
To  delegate  scliool ; aiid  also  by  these  laws  and  statutes,  in  such  manner  and 
ty  a^power^'  fomi  as  they  shall  think  convenient,  to  empower  the  provost,  vice- 
tei^orary  provost,  and  professors,  for  the  time  being,  to  make  and  execute 
ordinances,  for  preserving  good  order,  obedience,  and  government, 
as  well  among  the  students  and  scholars,  as  the  several  tutors, 


the  faculty 
to  execute 
them. 


15 


officers,  and  ministers,  belonging  to  the  said  college,  academy,  and 
charitable  school ; and  further,  by  the  said  laws  and  statutes,  to 
enact  all  other  matters  and  things,  in  and  concerning  the  premises, 
which  may  by  the  said  trustees  and  their  successors  be  thought 
conducive  to  the  well-being,  advancement,  and  perpetuating  the 
said  college,  academy,  and  corporation ; 'provided  al'wa'ys,  that  the 
said  laws  be  not  repugnant  to  the  laws  and  statutes  then  in  force 
in  the  kingdom  of  Great  Britain,  nor  to  the  laws  and  statutes  then 
in  force  in  our  said  province  of  Pennsylvania. 

And  we  do  further,  for  us,  our  heirs  and  successors,  give  and 
grant  to  the  trustees  of  the  said  college  and  academ'g.  That  for  ani- 
mating and  encouraging  the  students  thereof  to  a laudable  dili- 
gence, industry,  and  progress  in  useful  literature  and  science,  they 
and  their  successors,  met  together  on  such  day  or  days  as  they 
shall  appoint  for  that  purpose,  shall  have  full  power  and  authority, 
by  the  provost,  and  in  his  absence  by  the  vice-provost,  and  in  the 
absence  of  both  the  provost  and  vice-provost,  by  the  senior  pro- 
fessor, or  any  other  fit  person  by  them  authorized  and  appointed, 
to  admit  any  the  students  within  the  said  college  and  academy,  or 
any  other  person  or  persons  meriting  the  same,  to  any  degree  or  Degrees 
degrees,  in  any  of  the  faculties,  arts,  and  sciences,  to  which  per- 
sons are  usually  admitted,  in  any  or  either  of  the  universities  or 
colleges  in  the  kingdom  of  Great  Britain. y,  And  we  do  ordaiw^ 

That  the  provost,  vice-provost,  or  other  person  appointed  as  afore- 
said, shall  make,  and  with  his  name,  sign  diplomas  or  certificates 
of  the  admission  to  such  degree  or.  degrees,  which  shall  be  sealed 
with  the  public  seal  of  the  said  corporation,  and  delivered  to  the/ 
graduates  as  honourable  and  perpetual  testimonials  thereof ; pro- 
vided always,  and  it  is  hereby  declared  to  be  our  true  meaning  and 
express  will.  That  no  student  or  students,  within  the  said  college  1 
and  academy,  shall  ever,  or  at  any  time  or  times  hereafter,  be  ad-  j 
mitted  to  any  such  degree  or  degrees,  until  such  student  or  students  j 
have  been  first  recommended  and  presented  as  worthy  of  the  same,  j 
by  a written  mandate,  given  under  the  hands  of  at  least  thirteen  Mandamus 
of  the  trustees  of  the  said  college  and  academy,  and  sealed  with  to  be  signed 
the  privy  seal  belonging  to  the  said  corporation,  after  a public 
examination  of  such  student  or  students  in  their  presence,  and  in 
the  presence  of  any  other  persons  choosing  to  attend  the  same,  to 
be  had  in  the  hall  of  the  said  college  and  academy,  at  least  one 
whole  month  before  the  admission  to  such  degree  or  degrees  j ' 


■x/ 


'provided  further,  That  no  person  or  persons,  excepting  the  stu- 
dents belonging  to  the  said  seminary,  shall  ever,  at  any  time  or 
times,  be  admitted  to  any  such  degree  or  degrees,  unless  with  the 
For  others,  express  mandate  of  at  least  two-thirds  of  the  whole  number  of 

by  two- 

thirds.  trustees,  first  to  be  obtained  under  their  hands  and  the  privy  seal 
aforesaid,  to  the  provost,  vice-provost,  and  professors  of  the  said 
college  and  academy  directed. 

And  lastly,  we  do,  for  us  and  our  successors,  grant,  declare,  and 
ordain.  That  these  our  letters  patent  and  charter,  and  every  clause, 
sentence  and  article  herein  contained,  shall  be  in  all  things  firm, 
valid,  sufficient,  and  effectual  in  the  law,  unto  the  said  trustees, 
community,  and  corporation,  and  their  successors,  according  to  the 
purport  and  tenor  hereof,  without  any  further  grant  or  toleration 
from  us,  our  heirs  and  successors,  to  be  procured  or  obtained ; pro- 
vided always.  That  the  clear  yearly  value  of  the  messuages,  houses, 
manors,  lands,  tenements,  rents,  annuities,  or  other  hereditaments 
Estate  not  to  and  real  estate  of  the  said  corporation,  do  not  exceed  the  sum  of 
per  annum.  five  thousand  pounds  sterling.  In  testimony  whereof,  we  have 
caused  these  our  letters  to  be  made  patent,  and  the  great  seal  of 
our  said  province  to  be  hereunto  affixed.  Witness,  Robert  Hun- 
ter Morris,  Esq.,  our  lieutenant  governor  and  commander  in  chief, 
in  and  over  our  said  province  of  Pennsylvania,  and  counties  of  New 
Castle,  Kent,  and  Sussex,  on  Delaware;  this  fourteenth  day  of  May, 
in  the  twenty-eighth  year  of  the  reign  of  our  sovereign  lord,  George 
the  second,  king  of  Great  Britain,  France,  and  Ireland,  &c.,  and 
in  the  year  of  our  Lord,  one  thousand  seven  hundred  and  fifty-five. 

ROBERT  HUNTER  MORRIS. 
Recorded  16th  June,  1155,  Book  A,  vol.  2,  page  193. 


AN  ACT 

Vol.  I.  To  confirm  the  estates  and  interests  of  the  college,  academy,  and 
p.  474.  ’’  charitable  school  of  the  city  of  Philadelphia,  and  to  amend  and 

alter  the  charters  thereof,  conformably  to  the  revolution  and  to  the 
constitution  and  government  of  this  commonwealth,  and  to  erect 
the  same  into  a university. — 27^^  November,  1779. 

Preamble.  Sect.  1.  Whereas,  the  education  of  youth  has  ever  been  found 
to  be  of  the  most  essential  consequence,  as  well  to  the  good  govern- 
ment of  states  and  the  peace  and  welfare  of  society,  as  to  the  profit 


17 


and  ornament  of  individuals,  insomuch  that  from  the  experience 
of  all  ages,  it  appears  that  seminaries  of  learning,  when  properly 
conducted,  have  been  public  blessings  to  mankind,  and  that  on  the 
contrary,  when  in  the  hands  of  dangerous  and  disaffected  men, 
they  have  troubled  the  peace  of  society,  shaken  the  government, 
and  often  caused  tumult,  sedition,  and  bloodshed. 

Sect.  2.  A^id  whereas  the  college,  academy,  and  charitable 
school  of  the  city  of  Philadelphia,  were  at  first  founded  on  a plan 
of  free  and  unlimited  Catholicism;  but  it  appears  that  the  trustees 
thereof,  by  a vote  or  by-law  of  their  board,  bearing  date  the  four- 
teenth day  of  June,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  sixty-four,*  have  departed  from  the  plan  of  the  origi- 
nal founders,  and  narrowed  the  foundation  of  the  said  institution. 


* On  the  minutes  of  the  14th  June,  1764,  a letter  from  the  archbishop  of 
Canterbury,  Thomas  and  Richard  Penn,  and  Samuel  Chandler,  addressed  to 
the  trustees,  is  inserted,  in  which  they  are  congratulated  on  the  success  of 
Dr,  Smith’s,  the  provost’s  collection,  in  England,  and  advised  of  what  would 
be  further  necessary  to  the  due  improvement  of  the  collection  and  the  future 
prosperity  of  the  institution.  “ That  the  institution  was  originally  founded 
“and  carried  on  for  the  general  benefit  of  a mixed  body  of  people — that  on 
“the  king’s  brief  it  is  represented  as-a  seminary  that  would  be  of  great  use 
“for  securing  capable  instructors  and  teachers,  as  well  for  the  service  of  the 
“society  for  propagating  the  gospel  in  foreign  parts,  as  for  other  protestant 
“ denominations  in  the  colonies.” — That  at  the  time  of  making  the  collection, 
“the  provost  was  a clergyman  of  the  church  of  England — the  vice-provost, 
“a  presbyterian — a principal  professor,  a baptist,  with  other  useful  profes- 
“ sors  and  tutors,  all  carrying  on  the  education  of  youth  with  great  harmony, 
“and  people  of  various  denominations  have  heretofore  contributed  liberally 
“and  fully,” — That  jealousies  had  arisen  lest  the  foundation  should  be  nar- 
rowed, and  some  party  exclude  the  rest,  or  put  them  on  a worse  footing  than 
they  have  been  or  were  at  the  time  of  the  collection,  which  would  be  unjust 
and  productive  of  contentions  unfinendly  to  religion.  It  was  therefore  recom- 
mended to  the  trustees,  by  the  writers  of  the  letter  (who  had  a principal  share 
in  procuring  the  collection),  to  make  a fundamental  rule  or  declaration,  to 
prevent  inconvenience  of  this  kind ; and  in  doing  which,  they  were  advised 
that  the  more  closely  they  kept  in  view  the  plan  on  which  the  seminary  was 
at  the  time  of  the  royal  brief,  and  on  which  it  was  carried  on  from  the  begin- 
ning, so  much  the  less  cause  would  any  party  have  to  be  dissatisfied. 

A committee  having  been  appointed  to  frame  a fundamental  Resolve  or  de- 
claration, in  consequence  of  the  letter,  the  following  was  reported  and  adopted : 

“The  trustees  being  ever  desirous  to  promote  the  peace  and  prosperity  of 
this  seminary,  and  to  give  satisfaction  to  all  its  Avorthy  benefactors,  have 
taken  the  above  letter  into  their  serious  consideration,  and  perfectly  approv- 
2 


18 


Former  Sect.  3.  Be  it  therefore  enacted^  &c.,  That  the  charter  of  the 

charter  de-  . i i i i • • n -r* 

dared  void.  Said  Seminary,  granted  by  the  late  proprietaries  of  Pennsylvania, 
bearing  date  the  thirteenth  day  of  July,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  fifty-three,  whereby  certain  per- 
sons were  incorporated  by  the  name,  style,  and  title  of  The  Trustees 
of  the  Academy  and  Charitable  School  in  the  province  of  Penn- 
sylvania, and  the  additional  charter,  granted  by  the  same  proprie- 
taries, bearing  date  on  the  fourteenth  day  of  May,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  fifty-five,  by  which  the 
trustees  of  the  same  academy  and  charitable  school  were  again 
incorporated,  by  the  name,  style,  and  title  of  The  Trustees  of  the 
College,  Academy,  and  Charitable  School  of  the  city  of  Philadel- 
phia, in  the  province  of  Pennsylvania,  together  with  all  and  sin- 
gular the  rights,  powers,  privileges,  emoluments,  and  advantages, 
and  also  all  the  estates,  claims,  and  demands  to  the  same  corpora- 
tion belonging,  discharged  from  the  afore  recited  vote  or  by-law 
of  the  said  trustees,  confining  and  narrowing  the  true  and  original 
plan  of  the  said  institution,  which  vote  or  by-law,  and  all  others, 
contrary  to  the  true  design  and  spirit  of  the  said  charter,  are  hereby 
declared  to  be  void,  be  and  they  are  in  and  by  this  act,  ratified  and 
confirmed  to,  and  for  the  use  and  benefit  of  the  same  seminary  for 
ever. 

Sect.  4.  And  to  the  end  that  the  trustees  hereinafter  named  and 
appointed  may  be  the  better  enabled  to  effectuate  the  pious  and 


ing  the  sentiments  therein  contained,  do  order  the  same  to  be  inserted  in 
their  books,  that  it  may  remain  perpetually  declaratory  of  the  present  wide 
and  excellent  plan  of  this  institution,  which  hath  not  only  met  with  the 
approbation  of  the  great  and  worthy  personages  above  mentioned,  but  even 
the  royal  patronage  of  his  majesty  himself.  They  further  declare  that  they 
will  keep  this  plan  closely  in  their  view,  and  use  their  utmost  endeavors  that 
the  same  he  not  narrowed^  nor  the  members  of  the  church  of  England,  or 
those  dissenting  from  them  {in  any  future  election  to  the  ^principal  offices  men- 
tioned in  the  aforesaid  letter),  be  put  on  any  worse  footing  in  this  seminary, 
than  they  were  at  the  time  of  obtaining  the  royal  brief.  They  subscribe  this 
with  their  names,  and  ordain  that  the  same  be  read  and  subscribed  by  every 
new  trustee  that  shall  hereafter  be  elected,  before  he  takes  his  seat  at  the 
board.”  Which  appears  to  have  been  done  from  the  year  1764,  until  the 
union  of  the  college  with  the  university,  which  took  place  in  the  year  1791. 
[It  is  difficult  to  perceive  in  what  respect  this  resolution  narrowed  the  founda- 
tion of  the  institution.] 


19 


praiseworthy  designs  of  the  founders,  benefactors,  and  contributors 
of  the  said  college,  academy,  and  charitable  school  of  Philadelphia. 

Sect.  5.  Be  it  further  enacted,  That  it  shall  and  may  be  lawful  Executive 

, T council  to  re- 
fer the  supreme  executive  council  of  this  state  to  reserve  such  and  serve  confis- 

so  many  of  the  confiscated  estates,  yet  unsold  and  unappropriated,  not  sold. 

as  to  them  shall  appear  necessary,  in  order  to  create  a certain  fund 

for  the  maintenance  of  the  provost,  vice-provost,  masters,  and 

assistants,  and  to  uphold  and  preserve  the  charitable  school  of  the 

said  university. 

Sect.  6.  Provided  always,  That  the  yearly  income  of  such  incomo  not 

^ . . to  exceed 

estates,  so  reserved  and  appropriated  to  the  use  of  the  said  uni-i5ooz. 
versity,  do  not  exceed  the  sum  of  fifteen  hundred  pounds,  com- 
puting wheat  at  the  rate  of  ten  shillings  per  bushel.  i 

Sect.  t.  And  'provided  also,  That  such  reservation  be  from  time  Legislature 
to  time  laid  before  the  general  assembly  of  this  state,  for  their 
approbation  and  confirmation. 

Sect.  8.  Provided  always,  and  he  it  enacted.  That  the  ratifying  proviso, 
and  confirming  the  said  charter,  or  any  thing  herein  contained, 
shall  not  extend  or  be  construed  to  extend  to  the  confirmation  or 
establishing  any  of  the  said  trustees,  in  the  said  charter  named,  or 
deriving  by  any  election,  or  pretended  election,  or  appointment  by^ 
from,  or  under  them,  or  any  of  them,  nor  to  any  provost,  vice- 
provost, professor,  or  other  minister  or  officer  of  the  said  seminary, 
other  than  such  as  are  hereby,  or  may  hereafter  be  appointed  (the 
said  board  and  the  faculty  being  hereby  dissolved  and  vacated), 
nor  shall  the  same  extend  to  such  parts  of  the  charter,  as  in  and 
by  this  act  are  or  may  be  abrogated,  annulled,  altered,  or  supplied.  — 

Sect.  9.  And  he  it  further  enacted,  That  from  and  after  the  Trustees 
passing  of  this  act,  the  superintendence  and  trust,  together  with 
all  and  singular  the  powers,  authorities,  and  estates,  real,  personal, 
and  mixed,  of  the  said  college,  academy,  and  charitable  school, 
shall  pass  to,  devolve  upon,  and  be  vested  in  the  president  of  the 
supreme  executive  council  of  this  commonwealth,  the  vice-president 
of  the  same  council,  the  speaker  of  the  general  assembly,  the  chief 
justice  of  the  supreme  court  of  judicature,  the  judge  of  admiralty,  i 
and  the  attorney-general  for  the  time  being,  in  virtue  of  their  | 
several  offices,  and  the  senior  minister  in  standing  of  the  episcopal 
churches  and  congregations,  and  the  senior  minister  in  standing 
of  the  presbyterian  churches,  and  the  senior  minister  in  standing 
of  the  baptist  churches,  and  the  senior  minister  in  standing  of 
the  Lutheran  churches,  and  the  senior  minister  in  standing  in  the 


20 


German  calvinist  churches,  and  the  senior  minister  in  standing 
in  the  Roman  churches,  whose  churches  or  houses  of  public  wor- 
ship are  or  shall  be  in  the  city  of  Philadelphia,  or  within  two  miles 
of  the  old  court  house  in  High  Street,  in  the  said  city,  together 
with  the  honourable  Benjamin  Franklin,  doctor  of  laws,  minister 
plenipotentiary  from  the  United  States  of  America  to  his  most 
Christian  majesty ; the  honourable  William  Shippen,  Frederick 
Muhlenberg,  and  James  Searle,  esquires,  delegates  in  the  congress 
of  the  said  United  States  for  Pennsylvania;  the  honourable  William 
Augustus  Atlee,  esquire,  and  the  honourable  John  Evans,  esquire, 
justices  of  the  supreme  court  of  judicature  ; Timothy  Matlack, 
esquire,  secretary  of  the  supreme  executive  council  of  this  state  ; 
David  Rittenhouse,  esquire,  treasurer  of  this  state : Jonathan  Bay- 
ard Smith,  esquire;  Samuel  Morris,  senior,  esquire;  George  Bry- 
an, esquire;  Thomas  Bond,  doctor  of  physic;  and  James  Hutchin- 
son, doctor  of  physic;  which  said  civil  ofiBcers,  ministers  of  the 
gospel,  and  others  herein  mentioned  and  appointed,  for  and  during 
their  continuance  in  the  said  office  and  stations  respectively,  their 
abode  in  this  state,  and  lawful  capacity  to  act,  and  their  successors 
for  ever  hereafter,  shall  be,  remain,  and  continue  the  trustees  afore- 

coiiege  said,  by  the  name,  style,  and  title  of  The  Trustees  of  the  Uni- 

TiSttrsity.  VERSiTY  OF  THE  State  OF  PENNSYLVANIA,  and  shall  from  henceforth 
have,  hold,  use,  exercise,  and  enjoy  all  the  powers,  authorities,  and 
advantages  of  the  estates,  rights,  claims,  and  demands  of  the  trus- 
tees appointed  by,  or  in  pursuance  of  the  charters  of  the  said  cor- 
poration, or  either  of  them,  instead  of  the  said  trustees  appointed  by, 
or  deriving  under  the  said  charter,  or  pretending  so  to  do,  in  trust, 
nevertheless,  for  the  proper  use  of  the  said  university  for  ever. 

Proviso."  Sect.  10.  Provided  always,  That  if  any  trustee  of  the  said  uni- 
versity shall  take  any  charge  or  office  under  the  said  trustees, 
other  than  that  of  treasurer,  his  place  shall  thereby  be  vacated,  and 
in  the  case  of  a minister  of  the  gospel  taking  such  charge  or  office, 
or  neglecting  to  qualify  according  to  the  directions  of  this  act, 
within  one  month  after  personal  notice  given  of  his  coming  to  such 
trust,  the  next  minister  in  seniority,  of  the  same  denomination, 
shall  succeed  him,  such  seniority  to  be  accounted  from  the  time  of 
settlement  of  such  person  as  minister  of  a congregation  in  or  near 
the  said  city. 

Choice  of  Sect.  11.  Provided,  also.  That  in  case  the  choice  of  a new  trus- 

ap^provedby  tcc,  in  tlic  Tooiu  aiid  stcad  of  any  of  the  persons  last  named,  or 

legislature. 


21 


their  successors,  shall  be  disallowed  by  the  house  of  assembly 
within  six  months,  the  trustees  shall  be  obliged  to  make  choice  of 
some  other  person. 

Sect.  12.  And  he  it  further  enacted,  That  instead  of  the  oath 
or  affirmation  and  declaration  which  were  enjoined  and  required 
to  be  taken  and  made,  by  the  second  or  additional  charter,  herein 
before  referred  to,  of  the  said  corporation,  by  the  trustees,  pro- 
vost, vice-provost,  and  professors  of  the  said  college,  academy, 
and  charitable  school,  which  oath  or  affirmation  and  declaration, 
being  totally  inconsistent  with  the  independence  and  constitution 
of  this  commonwealth,  are  hereby  abrogated  and  repealed,  the 
said  trustees  herein  before  appointed,  and  their  successors,  and 
the  provost,  vice-provost,  and  professors,  and  every  of  them,  here- 
after to  be  appointed  in  such  manner  and  form  as  herein  is  directed 
and  required,  before  he  or  they  enter  upon  the  duties  of  their  trust 
or  office,  shall  before  two  justices  of  the  peace  of  the  city  of  Phil- 
adelphia, or  of  some  county  of  this  state,  take  and  subscribe  the 
oath  or  affirmation  prescribed  by  the  fortieth  section  of  the  con- New  one 

* appointed. 

stitution  of  this  commonwealth,  to  be  taken  by  the  officers  of  this 
state;  and  also  the  oath  or  affirmation  of  allegiance,  directed  to 
be  taken  by  the  same  officers,  in  and  by  the  seventh  and  eighth 
sections  of  an  act  of  assembly,  made  and  passed  the  fifth  day  of 
December,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy-eight,  intituled,  further  supplement  to  the  act,  inti- 
tuled, “An  Act  for  the  further  security  of  the  government,”  and 
shall  also  take  an  oath  or  affirmation  for  the  faithful  discharge  of 
their  trust  of  office  aforesaid. 

Sect.  13.  And  be  it  further  enacted  That  all  and  every  the  Formerpow- 

1 .1.11  1 make 

clause  and  clauses  in  the  said  charters,  wherein  and  whereby  the  i-uies,  de- 
trnstees  of  the  said  college,  academy,  and  charitable  schools  are 
directed  and  enjoined  to  make  their  rules,'ordinances,  and  statutes, 
not  repugnant  to  the  laws  in  force  in  the  kingdom  of  Great  Bri- 
tain, nor  to  the  laws  in  force  in  the  province  of  Pennsylvania,  be, 
and  they  are  hereby  annulled,  repealed,  and  made  void;  and  the 
trustees  herein  and  hereby  appointed,  are  required  and  enjoined  to 
review  the  rules,  ordinances,  and  statutes  heretofore  made  by  the 
former  trustees  of  the  said  seminary,  which,  so  far  as  they  are  re- 
pugnant to  the  constitution  and  laws  of  this  state,  are  hereby 
repealed,  and  to  frame  the  same,  if  necessary,  and  all  rules,  ordi- 
nances, and  statutes  hereafter  to  be  made,  consistent  with  the  con- 
stitution and  laws  of  this  commonwealth. 


22 


Matters  to  be 
determined 
by  a major- 
ity of  seven, 
except,  &c. 


Former  lim- 
itation de- 
clared void. 


Power  to 
sue,  &c. 


Penalty  on 
former  trus- 
tees, &c.,  ne- 
glecting or 
refusing  to 
deliver  up 
books,  re- 
cords, &c. 


Sect.  14.  And  he  it  further  enacted,  That  the  business  of  the 
said  corporation  shall  and  may  be  transacted,  performed,  and  de- 
termined by  a major  vote  of  a meeting  of  seven,  at  least,  of  the 
trustees  appointed  by  this  act,  and  their  successors  duly  notified 
and  called,  other  than  the  choice  of  new  trustees,  the  nominating 
and  constituting,  or  the  dismissing  of  the  future  provost,  vice-pro- 
vost, or  professors,  or  any  of  them;  or  the  alienation  or  leasing  of 
real  estates,  for  more  than  seven  years,  or  any  extraordinary  and 
new  expenditure  of  the  income,  or  other  -personal  estate  of  the 
said  corporation,  or  the  altering  any  salary,  or  the  granting  de- 
grees to  the  scholars  of  the  said  university,  or  to  other  persons,  or 
to  the  making  any  ordinance,  statute,  or  by-law;  which  several 
enumerated  acts  and  doings  may  be  transacted  and  performed  by 
a majority  of  at  least  eleven  of  the  said  trustees,  duly  notified  and 
convened  as  aforesaid,  and  not  otherwise. 

Sect.  15.  And  be  it  further  enacted,  That  the  clause  in  the  first 
charter  of  the  said  corporation,  whereby  the  trustees  thereof  were 
limited  to  be  inhabitants  of  Pennsylvania,  residing  within  five  miles 
of  the  academy  and  school  aforesaid,  although  license  was  given  in 
the  said  charter,  to  set  up  the  same  at  any  place  within  the  said 
province,  which  the  said  trustees  should  judge  to  be  most  conve- 
nient, so  far  as  the  same  clause  limits  the  appointment  of  trustees  to 
persons  residing  within  five  miles  of  the  said  academy  and  school, 
be,  and  the  same  is  hereby  annulled,  repealed,  and  made  void. 

Sect.  16.  And  he  it  further  enacted.  That  the  trustees  herein 
before  appointed,  and  their  successors,  shall  and  may  ask,  demand, 
sue  for,  recover,  and  receive  all  evidences,  mortgages,  specialties, 
deeds,  and  instruments,  and  all  papers,  books  of  account  and  re- 
cord, and  the  library,  philosophical  apparatus,  and  seals  of  the 
said  corporation;  and  all  debts,  dues,  and  demands  to  the  same 
owing,  belonging,  accruing,  or  appertaining.  And  in  case  any 
person  or  persons  having  the  custody  of  the  said  library,  apparatus, 
mortgages,  specialties,  deeds  or  instruments,  or  other  papers,  books 
of  records  of  the  said  corporation,  or  having  possession  of  the  real 
estate  of  the  said  corporation,  or  any  part  thereof,  shall  refuse  to 
deliver  up  the  same  when  demanded,  it  shall  and  may  be  lawful  for 
the  trustees  of  the  said  college*  to  summon  any  person  so  refusing 
before  any  two  justices  of  the  peace  of  the  city  or  the  county  where 


* The  word  college  inserted  by  mistake,  instead  of  university,  which  was 
corrected  by  the  act  of  16th  March,  1780,  vol.  1 Smith’s  Laws,  p.  502. 


23 


the  said  real  estate  lies,  or  the  detainer  of  any  of  the  records  or 
other  articles  aforesaid  resides,  who  are  hereby  authorized  and 
empowered  to  inquire  into  the  said  complaint,  in  a summary  way, 
and  give  judgment  therein  as  to  them  shall  seem  meet  according  to 
the  merits  and  justice  of  the  case;  and  if  such  judgment  be  given 
against  the  detainer  of  any  of  the  said  deeds,  specialties,  mortgages, 
or  other  articles  before  enumerated,  and  if  such  detainer  shall  still 
refuse  to  deliver  the  same,  it  shall  and  may  be  lawful  for  the  said 
justices,  and  they  are  hereby  required  to  commit  such  refuser  to 
prison,  there  to  remain  without  bail  or  mainprise,  until  the  said 
judgment  be  complied  with.  And  in  the  case  of  real  estate,  the 
said  justices  shall  carry  such  judgment  into  execution,  by  issuing  a 
writ  of  possession  to  the  sheriff  of  the  county,  in  the  same  manner 
as  they  are  authorized  to  do  by  an  act  of  assembly,  intituled, 

Act  for  the  sale  of  goods  distrained  for  rent,  and.  to  secure  such 
goods  to  the  -person  distraining  the  same,  for  the  better  security  of 
rents,  and  for  other  purposes  therein  mentioned, in  case  of  tenants 
holding  over  their  terms:  Prorided  always.  That  if  either  of  the 
said  parties  shall  demand  a jury  to  be  summoned,  to  try  the  said 
matter  in  dispute,  the  said  justices  shall  cause  a jury  forthwith  to 
come  before  them  thereupon,  in  the  same  manner  as  juries  are  had 
in  the  case  of  tenants  holding  over  their  terms  as  aforesaid  ; and 
the  said  justices  shall  give  judgment  pursuant  to  the  verdict  of  such 
jury,  and  proceed  to  the  execution  thereof,  as  is  herein  and  hereby 
directed. 

Sect.  17.  And  be  it  further  enacted.  That  the  civil  officers,  min-  st^e. 
isters  of  the  gospel,  and  other  persons  by  this  act  constituted  and 
appointed  trustees  of  the  said  university,  and  their  successors  duly 
chosen,  nominated,  be  one  community,  body  politic  and  corporate, 
to  have  perpetual  succession  and  continuance  forever,  by  the  name, 
style  and  title  as  aforesaid,  and  that  by  the  said  name  they  shall  be 
capable  and  able  in  law  to  sue  and  be  sued,  have  and  make  a com- power  to 
mon  seal,  and  the  same  at  their  pleasure  to  break  and  alter,  to  m^on^seai!™ 
make  rules  and  statutes,  and  to  do  every  thing  necessary  and  need- 
ful  for  the  good  government  and  perfect  establishment  of  the  said 
university;  and  the  provost,  vice-provost,  and  professors  hereafter 
to  be  appointed  and  constituted  by  the  trustees  aforesaid,  shall  be 
named,  styled,  and  intitled,  the  Provost,  Yice-Provost,  and  Pro- 
fessors of  the  same  University;  and  the  name,  style,  and  title  of 
the  body  or  faculty  composed  of  the  said  Provost,  Yice-Provost, 


24 


and  Professors  shall  be  The  Provost,  Yice-Provost,  and  Professors 
_of  the  University  of  the  State  of  Pennsylvania. 


Shall  submit 
accounts, 

&c.,  to  the 
inspection  of 
the  assem- 
bly. 


Sect.  18.  And  he  it  further  enacted,  That  the  said  trustees  shall 
at  all  times,  when  required,  submit  the  books,  accounts,  and  econ- 
omy of  the  said  corporation  to  the  free  examination  of  visitors, 
to  be  appointed  from  time  to  time  by  the  representatives  of  the 


freemen  of  this  commonwealth,  in  general  assembly  met. 

Sect.  19.  And  he  it  further  enacted,  That  the  trustees  appointed 


by  this  act,  or  a majority  of  them,  shall  meet  in  the  hall  of  the 
university  aforesaid,  in  the  forenoon  on  the  first  Wednesday  in 


December  next,  and  after  being  duly  qualified  as  this  act  pre- 
scribes, proceed  to  the  execution  of  their  trust. 


AN  ACT 

2dvoi.Laws,  To  coniirm  to  the  Trustees  of  the  University  of  the  State  of  Penn- 

S III  ^ t/t/  *y 

tion,  p.  352.  sylvania,  divers  estates  therein  enumerated,  for  the' support  of  the 

said  Seminary  ; and  for  enabling  the  Board  of  Trustees  of  the 
said  University  to  choose  a new  Trustee  in  the  stead  of  any  of 
their  numher  {not  being  a trustee  in  right  of  offce  or  station)  who 
shall  he  absent  from  the  meetings  of  the  said  corporation  during 
the  space  of  six  months. — 22c?  September,  IT 85. 

Preamble.  Sect.  1.  Whereas  by  an  act  of  general  assembly  of  this  com- 
monwealth, intituled,  “An  Act  to  confirm  the  estates  and  interests 
of  the  college,  academy,  and  charitable  school  of  the  city  of  Phila- 
delphia, and  to  amend  and  alter  the  charters  thereof,  conformably 
to  the  revolution,  and  to  the  constitution  and  government  of  this 
commonwealth,  and  to  erect  the  same  into  a university,’^  which  was 
enacted  on  the  twenty-seventh  day  of  November,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  seventy-nine,  it  was  for  the 
better  enabling  the  trustees  therein  named,  and  thereby  appoint- 
ed, and  their  successors,  to  effectuate  the  pious  and  praiseworthy 
designs  of  the  founders,  benefactors,  and  contributors  of  the  said 
seminary  of  learning.  That  it  should  be  lawful  for  the  supreme 
executive  council  of  this  state,  to  reserve  such  and  so  many  of  the 
confiscated  estates  which  were  then  unsold  and  unappropriated,  as 
to  them  should  seem  necessary,  in  order  to  create  a certain  fund 
for  the  maintenance  of  the  provost,  vice-provost,  masters  and  as- 


25 


sistants  of  the  same  university,  and  to  uphold  and  preserve  the 
charitable  school  thereof ; Provided,  That  the  yearly  income  of 
such  estates,  so  reserved  and  appropriated  to  the  use  of  the  said 
university,  should  not  exceed  the  yearly  sum  of  fifteen  hundred 
pounds,  computing  wheat  at  the  rate  of  ten  shillings  per  bushel. 

And  'provided  also,  That  such  reservation  be  from  time  to  time 
laid  before  the  general  assembly  of  this  state,  for  their  approbation 
and  confirmation. 

Sect.  2.  And  'whereas,  since  the  passing  of  the  same  act,  the 
confiscated  real  estates  hereinafter  mentioned  and  described,  have 
been  severally  reserved  and  appropriated  by  the  supreme  execu- 
tive council,  in  pursuance  thereof,  for  the  purposes  aforesaid,  and 
the  same  estates  have  been  delivered  to  the  said  trustees  accord- 
ingly. 

[Here  follows  a list  of  the  confiscated  estates.] 

Sect.  3.  And  whereas,  the  real  estates  herein  before  described,  Pieambie. 
which  have  been  reserved,  set  apart,  and  appropriated  by  the 
supreme  executive  council  for  the  purposes  aforesaid,  at  the  seve- 
ral valuations  thereof,  respectively  made,  by  the  supreme  executive 
council,  and  the  said  real  estates  purchased  as  aforesaid,  at  the 
prices  at  which  they  were  severally  sold,  do  not,  when  considered 
and  taken  together,  amount  to  more  than  the  yearly  value  of  one  Reciting 
thousand  three  hundred  and  eighty-one  pounds  five  shillings  and  tafeVdo^  n^t 
seven  pence  half-penny,  computing  wheat  at  the  rate  of  ten  shil-  than 
lings  per  bushel,  and  it  is  proper  that  the  same  estates  and  inte- 7^^'’ 
rests  herein  before  enumerated  and  described,  and  every  of  them, 
should  be  confirmed  to  the  said  trustees,  their  successors,  and 
assigns,  for  the  uses  in  the  act  afore  recited,  set  forth,  and 
declared. 

Sect.  4.  Be  it  therefore  enacted,  &c..  That  the  several  confis-  Estates  con- 

, , , TIT.  firmed  to'the 

cated  estates,  lands,  tenements  and  hereditaments  and  rent  charges  trustees  of 
herein  before  enumerated  and  described,  with  their  and  every 
their  rights,  members,  and  appurtenances,  are  hereby  fully  and 
absolutely  vested  in  and  confirmed  unto  the  trustees  of  the  univer- 
sity of  the  state  of  Pennsylvania,  their  successors  and  assigns  for 
ever,  and  for  no  other  use,  intent  or  purpose  whatsoever ; saving 
and  always  reserving  to  all  and  every  person  and  persons,  bodies 
politic  and  corporate,  his,  her,  and  their  heirs  and  successors 
(other  than  the  persons  attainted  or  forfeiting  the  same,  and  all 
persons  and  every  person  having  or  claiming  any  thing  in  the 


26 


Preamble. 


Absence  for 
six  months 
from  meet- 
ings, to  va- 
cate seat. 


Professor- 
ship for 
teaching  the 
learned  lan- 
guages 
through  the 
German  es- 
tablished. 


premises,  under  or  to  the  use  of  any  such  forfeiting  person,  his, 
her,  or  their  heirs,  executors  or  administrators),  all  such  estates, 
rights,  titles,  and  interest  of,  in,  to  and  out  of  the  premises,  or 
any  of  them,  as  they  or  any  of  them  had  before  the  passing  of  this 
act,  or  could  or  might  have  had  or  enjoyed  in  case  this  act  had 
not  been  made. 

Sect.  5.  And  whereas,  in  and  by  the  act  aforesaid,  certain 
officers  of  the  commonwealth,  and  divers  ministers  of  the  gospel, 
in  respect  of  their  offices  and  stations,  together  with  sundry  other 
persons  therein  named,  and  the  successors  of  such  other  persons 
to  be  elected  and  appointed  in  their  room  and  stead  respectively, 
were  constituted  trustees  of  the  same  university ; and  although  it 
was  provided,  in  case  any  of  the  same  persons  should  remove  out 
of  this  State,  that  the  office  of  such  trustee  should  be  thereby 
vacated  : yet  if  any  of  the  same  persons  shall  willingly  absent 
himself  from  the  meeting  of  the  said  trustees  for  the  space  of  one 
year,  no  remedy  is  given,  and  the  business  of  the  seminary  may 
be  thereby  obstructed,  and  it  is  reasonable  and  proper  that  such 
absence  should  be  considered  and  deemed  to  be  a vacating  of  the 
seat  of  such  person  at  the  board  of  trustees. 

Sect.  6.  Be  it  therefore  enacted,  That  if  any  of  the  trustees  of 
the  university  of  the  State  of  Pennsylvania  (not  being  a trustee 
in  right  of  office  or  station)  shall  willingly  be  absent  from  the 
meetings  of  the  Board  of  the  said  trustees,  for  and  during  the 
space  of  six  months,  the  seat  of  such  absenting  trustees  shall  be 
deemed  to  be  vacant,  and  the  residue  of  the  said  trustees,  or  such 
of  them  as  shall  regularly  be  met,  not  being  fewer  than  eleven, 
shall  and  may  proceed  to  elect  a successor  to  such  absenting 
trustee,  as  they  would  in  case  he  had  formally  resigned  his  seat  at 
the  Board  of  the  said  trustees  of  the  said  university. 

Sect.  7.  And  whereas,  The  trustees  of  the  University  of  Penn- 
sylvania have  established  a professorship  in  the  same  seminary, 
for  teaching  the  learned  languages  through  the  medium  of  the 
German  tongue,  with  one  or  more  assistant  teachers,  as  may  be 
requisite  : 

Sect.  8.  Be  it  therefore  enacted,  That  the  same  professorship 
and  the  assistant  or  assistants  aforesaid,  shall  be  continued  in  the 
said  university  to  teach  the  learned  languages  through  the  medium 
of  the  German  tongue,  as  a part  of  the  system  of  education  car- 
ried on  therein. 


27 


AN  ACT 

To  repeal  part  of  an  act,  entitled  “An  Act  to  confirm  the  22d  Septem- 

and  interests  of  the  College,  Academy,  and  Charitahle  School  of 
the  city  of  Philadelphia,  and  to  amend  and  alter  the  Charters 
thereof  conformably  to  the  revolution  and  to  the  constitution  and 
government  of  this  Commonwealth,  and  to  erect  the  same  into  a 
University P — ^th  March,  1789. 

Sect.  1.  Whereas,  by  the  constitution  of  this  commonwealth,  Preamble, 
it  is  declared  and  provided,  "That  all  religious  societies  or  bodies 
of  men,  heretofore  united  or  incorporated  for  the  advancement  of 
religion  or  learning,  or  for  other  pious  and  charitable  purposes, 
shall  be  encouraged  and  protected,  in  the  enjoyment  of  the  privi- 
leges, immunities,  and  estates  which  they  were  accustomed  to  en- 
joy, or  could  of  right  have  enjoyed,  under  the  laws  and  former 
constitution  of  this  State.” 

A7id  whereas,  by  two  charters  of  incorporation,  granted  by  the 
late  proprietaries  of  Pennsylvania,  there  existed  within  this  com- 
monwealth, on  the  twenty-seventh  day  of  November,  in  the  year 
of  our  Lord  one  thousand  seven  hundred  and  seventy-nine,  an 
ancient  corporation  and  body  politic,  by  the  name,  style,  and  title 
of  “The  Trustees  of  the  College,  Academy,  a^id  Charitable  School 
of  Philadelphia^  in  the  province  of  Pennsylvania,^’’  which  corpora- 
tion, at  the  time  of  passing  the  act  hereinafter  mentioned,  was 
seised,  possessed  of,  and  entitled  unto  many  rights  and  franchises, 
and  divers  estates,  real,  personal,  and  mixed,  and  by  the  constitu- 
tion and  laws  of  this  State,  was  entitled  to  the  public  protection 
and  encouragement,  in  the  enjoyment  and  free  use  and  exercise 
thereof,  in  conformity  to  the  original  design,  will,  and  intention 
of  the  founders,  donors,  and  benefactors  of  the  said  seminary  of 
learning,  in  the  same  manner  as  it  could  of  right  have  held,  occu- 
pied, and  enjoyed  the  same,  under  the  former  laws  and  constitu- 
tion of  this  State. 

And  whereas,  by  the  said  hereinafter  mentioned  act,  which  was  Preamble, 
passed  on  the  said  twenty-seventh  day  of  November,  in  the  year 
of  our  Lord  one  thousand  seven  hundred  and  seventy-nine,  the 
said  trustees  and  corporation,  and  also  the  provost,  vice-provost, 
professors,  and  all  other  masters,  teachers,  ministers,  and  officers 
of  the  said  college,  academy,  and  charitable  school,  were  without 


28 


trial  hy  jury,  legal  process,  or  proof  of  misuser  or  forfeiture,  de- 
prived of  their  said  charters,  franchises,  and  estates,  and  the  said 
Board  of  Trustees  and  faculty  were  declared  to  be  ‘‘  dissolved 
and  vacated,  and  the  superintendence  and  trust,  together  with  all 
and  singular  the  powers,  authorities,  and  estates,  real,  personal, 
and  mixed,  of  the  said  college,  academy,  and  charitable  school, 
were  by  the  said  act,  declared  to  pass  to,  devolve  upon,  and  be 
vested  in  a new  corporation  or  body  politic,  thereby  created  and 
established,  by  the  name,  style,  and  title’ of  ^The  Trustees  of  the 
University  of  the  State  of  Pennsylvania,'^  to  have,  hold,  use,  exer- 
cise, and  enjoy  all  the  powers,  authorities,  and  advantages  of  the 
estates,  rights,  claims,  and  demands  of  the  trustees  heretofore 
appointed  by  or  in  pursuance  of  the  charters  of  the  said  (ancient) 
corporation,  or  either  of  them  all  which  is  repugnant  to  justice, 
a violation  of  the  constitution  of  this  commonwealth,  and  danger- 
ous in  its  precedent  to  all  incorporated  bodies,  and  to  the  rights 
and  franchises  thereof. 

Repeal  of  Sect.  2.  Beit  therefore  enacted.  That  so  much  and  all  such 

1779.  parts  of  an  act  of  general  assembly  of  this  commonwealth,  passed 
on  the  said  twenty-seventh  day  of  November,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  seventy-nine,  entitled  “An 
Act  to  confirm  the  estates  and  interests  of  the  college,  academy, 
and  charitable  school  of  the  city  of  Philadelphia,  and  to  amend 
and  alter  the  charters  thereof,  conformably  to  the  revolution,  and 
to  the  constitution  and  government  of  this  commonwealth,  and  to 
erect  the  same  into  a university,”  as  touch,  or  in  any  wise  concern 
or  relate  to  the  said  ancient  corporation,  which  was  styled  and 
known  by  the  said  name  and  title  of  “ The  Trustees  of  the  Col- 
lege, Academy,  and  Charitable  School  of  Philadelphia,  in  the 
province  of  Pennsylvania,”  or  the  said  charters  thereof,  or  either 
of  them,  or  as  touch  or  in  any  wise  concern  or  relate  to  the  for- 
mer rights,  franchises,  immunities,  or  estates,  real,  personal,  or 
mixed  thereof,  or  as  tend  to  disqualify  or  disable  the  said  trustees 
to  act  as  a body  politic,  under  the  charters  aforesaid,  or  to  dis- 
qualify, deprive,  or  disable  the  body  and  faculty  of  the  college  and 
academy,  known  and  distinguished  in  the  charter,  dated  the  four- 
teenth day  of  May,  one  thousand  seven  hundred  and  fifty-five,  by 
the  name,  style,  and  title  of  Provost,  Vice-Provost,  and  Pro- 
fessors of  the  College  and  Academy  of  Philadelphia,  in  the  province 
of  Pennsylvania f or  any  of  them,  from  carrying  on  the  design 


29 


and  purpose  of  the  said  college,  academy,  and  charitable  school, 
or  to  disfranchise  or  deprive  them,  or  any  of  them,  of  any  privi- 
leges, immunities,  or  estates  whatsoever,  or  of  any  part  or  parcel 
thereof,  or  as  vests  the  same  or  purports  and  intends  to  vest  the  27, 1779,  re- 

. pealed. 

same,  or  any  part  or  parts  thereof,  in  Trustees  of  the  Uni- 

versity of  the  State  of  Pennsylvania  f shall  be,  and  the  same  and 
every  such  part  and  parts  thereof,  is  and  hereby  are  repealed  and 
made  null  and  void,  to  all  intents  and  purposes  whatsoever. 

Sect.  3.  And  he  it  further  enacted,  That  the  trustees  of  the 
college,  academy,  and  charitable  school  aforesaid,  who  were  de- 
prived and  disabled,  or  intended  so  to  be,  by,  and  in  pursuance  of 
the  said  act,  and  the  survivors  of  them  and  their  successors,  by  the 
name,  style,  and  title  of  “The  Trustees  of  the  College,  Academy, 
and  Charitable  School  of  Philadelphia,  in  the  commonwealth  of 
Pennsylvania,”  and  the  provost,  vice-provost,  and  professors,  who 
as  a faculty,  were  deprived  and  disabled,  or  intended  so  to  be,  by, 
and  in  pursuance  of  the  said  act,  and  the  survivors  of  them  and 
their  successors,  by  the  name  and  style  of  “The  Provost,  Yice- Trustees  re- 
Provost,  and  Professors  of  the  College  and  Academy  of  Phila-  ^ 
delphia,  in  the  commonwealth  of  Pennsylvania,”  shall  be  reinstated 
and  restored,  and  they  and  each  of  them  are  hereby  reinstated  and 
restored  to  all  and  singular  the  rights,  franchises,  emoluments, 
offices,  trusts,  and  estates,  real,  personal,  and  mixed,  which  they 
and  each  of  them  held  and  enjoyed,  or  ought  or  could  of  right 
have  had,  held,  and  enjoyed,  or  were  entitled  unto,  according  to 
the  said  charters  and  the  laws  and  constitution  of  this  state,  on 
the  said  twenty-seventh  day  of  November,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-nine ; and  they  and  each 
of  them  and  their  successors,  shall,  and  may  ask,  demand,  sue  for, 
recover,  and  receive  the  same  and  each  and  every  part  and  parcel 
thereof,  and  shall  hold  and  enjoy,  use,  and  exercise  the  same,  and 
every  part  and  parcel  thereof,  in  the  same  manner  and  as  fully  and 
freely  as  if  the  said  act  had  never  been  passed.  Excepting  always,  Exception.s 
so  much  of  the  rents,  issues,  and  profits  of  the  said  real  estate  and  bLsemTnts, 
estates,  as  were  received  by  the  said  trustees  of  the  university  be- 
fore  the  second  day  of  March  instant,  which  shall  be  considered, 
and  they  are  hereby  considered,  as  having  been  duly  laid  out  by 
and  expended,  in  the  education  of  youth,  and  therefore,  no  account 
shall  be  rendered  thereof ; and  excepting  also,  such  sum  or  sums 
of  money  as  have  been  paid  in  discharge  of  the  just  debts,  con- 


30 


Trustees  of, 
authorized 
to  regain 
possession, 
&c. 


tracts,  and  engagements  of  them,  “The  Trustees  of  the  said  Col- 
lege, Academy,  and  Charitable  School,”  entered  into  and  subsist- 
ing on  or  before  the  said  twenty-seventh  day  of  November,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  seventy-nine ; 
and  excepting  also,  such  bonds,  mortgages,  and  other  specialties, 
of  the  former  estate  of  the  said  last-mentioned  trustees,  as  have 
been  transferred,  cancelled,  or  discharged  by  them,  the  trustees 
of  the  university,  for  the  value  of  which  only  (without  any  ac- 
count of  the  interest,  actually  received)  they  shall  be  account- 
able to  the  trustees  of  the  said  college,  academy,  and  charitable 
school ; and  excepting  lastly,  certain  lots  of  ground  in  the  town 
of  Norris,  and  county  of  Montgomery,  which  were  given  for 
the  public  use  and  service  of  the  said  county,  and  certain  other 
lots  which  have  been  contracted  for,  sold,  and  conveyed  by  the 
said  trustees  of  the  university,  for  the  purpose  of  building  and 
improving  in  the  said  town  ; for  the  value  of  which  lots  only  as 
they  were  contracted  for,  sold,  and  payment  received  by  the  said 
trustees,  they  shall  be  liable  and  accountable  to  the  trustees  of  the 
said  college,  academy,  and  charitable  school,  and  the  said  lots  and 
every  of  them  shall  be,  and  hereby  are  confirmed,  to  the  several 
purchasers  thereof,  on  the  payment  of  the  purchase-money  and 
arrears  thereof,  yet  due  to  the  trustees  of  the  said  college,  acad- 
emy, and  charitable  school,  in  the  same  manner  as  such  purchase- 
money  and  arrears  thereof  yet  due,  ought  to  have  been  paid  to 
the  trustees  of  the  said  university,  according  to  the  several  con- 
tracts for  the  sale  and  conveyance  of  the  said  lots  duly  and  hona 
fide  made  by  them  before  the  third  day  of  February  last. 

Sect.  4.  And  he  it  further  enacted.  That  the  trustees  of  the  said 
college,  academy,  and  charitable  school,  and  their  successors,  by 
the  name,  style,  and  title  of  “ The  Trustees  of  the  College,  Acad- 
emy, and  Charitable  School  of  Philadelphia,  in  the  commonwealth 
of  Pennsylvania,”  and  the  provost,  vice-provost,  and  professors  of 
the  said  college  and  academy  and  their  successors,  by  the  name 
and  style  of  The  Provost,  Yice-Provost,  and  Professors  of  the 
College  and  Academy  of  Philadelphia,  in  the  commonwealth  of 
Pennsylvania,  shall  respectively  be  entitled  to,  and  shall  have  and 
pursue  the  like  speedy,  summary,  and  effectual  means  and  reme- 
dies, for  regaining  and  reinstating  themselves  in,  and  for  having 
and  possessing  themselves  of  all  and  singular  the  rights,  franchises, 
offices,  trusts,  and  immunities,  and  estates,  real,  personal,  and 


31 


mixed,  to  which  they  or  either  or  any  of  them  are  in,  and  by  this 
act  restored,  or  which  is  hereby  vested  in  them  or  either  or  any  of 
them,  together  with  all  books,  papers,  and  writings,  touching  or 
concerning  the  same  or  any  part  thereof,  as  were  given,  or  men- 
tioned and  intended  to  be  given,  in  and  by  the  said  in  part  recited 
act,  and  also  in  and  by  any  other  act  or  acts  of  general  assembly 
of  this  commonwealth,  to  the  trustees  of  the  university  therein 
mentioned,  or  which  they  could  thereby  have  or  pursue  for  acquir- 
ing or  possessing  themselves  of  all  or  any  part  or  parts  of  the 
estate  or  estates,  real,  personal,  or  mixed,  rights,  franchises,  offices, 
trusts,  or  immunities,  in  and  by  the  said  in  part  recited  act,  trans- 
ferred to  or  vested  in  them  the  said  trustees  of  the  university  afore- 
said, or  of  any  books,  papers,  or  writings,  relating  thereto ; and 
all  and  every  person  and  persons  are  hereby  enjoined  and  required 
to  govern  and  demean  themselves  accordingly,  under  the  like  pains 
and  penalties  as  are  in  and  by  the  said  acts  mentioned. 

AN  ACT 

To  unite  the  University  of  the  State  of  Pennsylvania,  and  the  Col-  Nov.  27, 
lege,  Academy,  and  Charitable  School  of  Philadelphia,  in  the  March,  i789. 
Commonwealth  of  Pennsylvania. — September  30^^,  1791. 

Whereas,  the  trustees  of  the  university  of  the  state  of  Pennsyl- Preamble 

• T6CitiD§  tll6 

vania,  and  the  trustees  of  the  college,  academy,  and  charitable  school  terms  of 
of  Philadelphia,  in  the  commonwealth  of  Pennsylvania,  by  their 
several  petitions  have  set  forth,  that  they  have  agreed  to  certain 
terms  of  union  of  the  said  two  institutions,  which  are  as  follow: 

First.  That  the  name  of  the  institution  be  ^^The  University  of 
Pennsylvania,^''  and  that  it  be  stationed  in  the  city  of  Philadelphia. 

Second.  That  each  of  the  two  boards  shall  elect,  from  among 
themselves,  twelve  persons,  who,  with  the  governor  for  the  time 
being,  shall  constitute  the  board  of  trustees  of  the  university  of 
Pennsylvania;  and  that  the  governor  shall  be  president. 

Third.  That  the  professors  which  shall  be  deemed  necessary  to  Professors  to 
constitute  the  faculty  in  the  arts  and  medicine,  respectively,  shall  Facuify^of*^ 
be  taken  from  each  institution  equally;  and  in  case  of  an  odd  num- Medicine, 
ber,  such  one  to  be  taken  from  either  by  the  choice  of  the  trustees ; 
and  that  the  provost  and  vice-provost,  or  the  principal  officer  or 
officers  of  the  faculty,  by  whatever  name  or  names  they  may  be 
called,  shall  be  chosen  from  among  the  professors  so  appointed. 


Charity- 

schools. 


Election  of 
trustees. 


Thirteen  ne- 
cessary to 
elect  profes- 
sor. Notice 
previous  no- 
mination. 


Two-thirds 
necessary  to 
a removal  o 
a profes.sor. 
Notice,  &c. 


Sec.  5. 


f- — 

Twelve  trus- 
tees be  cho- 
sen from, 
each  board, 
and  return- 
ed to  the 
governor. 


32 

Fourth.  That  charity  schools  shall  be  supported,  one  for  boys, 
and  the  other  for  girls. 

Fifth.  That  for  the  future  every  vacancy  in  the  board,  except 
that  of  governor,  shall  be  filled  up  by  election  by  ballot,  by  a 
majority  of  the  members  present,  at  any  meeting  of  the  new  board, 
the  members  present  to  be  at  least  thirteen ; that  due  and  timely 
notice  of  such  election  be  at  all  times  given,  and  that  no  person 
shall  be  elected  to  fill  up  such  vacancy  at  the  same  meeting  in 
which  he  shall  be  nominated. 

Sixth.  That  the  funds  and  property  of  the  institutions  shall  be 
united,  and  vested  in  the  new  trustees. 

Seventh.  That  the  professors  and  officers  composing  the  faculty 
shall  be  elected  by  a majority  of  the  members  present  at  any  meet- 
■ing  of  the  new  board,  the  number  present  to  be  at  least  thirteen  ; 
that  due  and  timely  notice  of  such  election  shall  at  all  times  be 
given,  and  that  no  person  or  persons  shall  at  any  time  be  elected 
such  professor  or  officer  at  the  same  meeting  in  which  he  shall  be 
nominated. 

Eighth.  That  no  professor  or  officer  of  the  faculty  shall  be  re- 
' moved  by  a less  number  than  two-thirds  of  the  members  present  at 
any  meeting  of  the  new  board,  the  members  present  to  be  at  least 
thirteen  ; and  that  due  and  timely  notice  of  such  intended  removal 
shall  at  all  times  be  given,  and  that  no  person  or  persons  shall  at 
any  time  be  removed  at  the  same  meeting  in  which  such  removal 
shall  be  proposed. 

Nmth.  That  the  board  of  trustees  shall  annually  lay  before  such 
persons,  as  the  legislature  shall  in  the  incorporating  act  direct,  a 
statement  of  the  funds  of  the  institution. 

And  the  said  trustees,  by  their  several  petitions  have  prayed, 
that  a law  may  be  passed  to  enable  them  to  carry  the  said  terms  of 
union  into  effect,  and  to  incorporate  them  in  one  body,  according  to 
the  purpose  and  intention  expressed  in  the  said  terms  of  union. 

Sect.  1.  Be  it  therefore  enacted^  That,  in  pursuance  of  the  second 
article  of  the  said  terms  of  union,  the  trustees  of  the  university 
shall  elect  twelve  persons  from  among  themselves  to  be  trustees  of 
the  said  university  after  the  union,  and  shall  certify  the  names  of 
the  said  twelve  persons,  so  elected,  to  the  governor  of  this  common- 
wealth, on  or  before  the  first  day  of  December  next ; and  that  the 
trustees  of  the  said  college,  academy,  and  charitable  school,  shall 
elect  twelve  persons  from  among  themselves,  to  be  trustees  of  the 


8.3 


said  university  after  the  union,  and  shall  certify  the  names  of  tlie  ' 
said  twelve  persons,  so  elected,  to  the  governor  of  this  common- 
wealth, on  or  before  the  first  day  of  December  next.  I 

Sect.  2.  And  be  it  further  enacted,  That  from  and  after  such  cer-  persons  ro 
tificates  of  the  elections  being  so  made  to  the  governor,  as  afore- ^aiibecome 

A covporsi- 

said,  the  said  twenty-four  persons  so  elected  and  certified,  together  woq  under 

° Iflie  style,  to 

with  the  governor  for  the  time  being,  who  shall  always  be  presi- ije  stationed 
dent,  and  their  successors,  duly  elected  and  appointed,  as  herein 
and  by  the  said  terms  of  union  is  directed,  be,  and  they  are  hereby 
made  and  constituted  a corporation  and  body  politick,  in  law  and' 
in  fact,  to  have  continuance  for  ever  by  the  aforesaid  name, 'style, 
and  title  of  “ THE  TRUSTEES  OF  THE  UNIVERSITY  OP 
PENNSYLVANIA,”  and  that  the  said  university  shall  at  all 
times  be  stationed  in  the  city  of  Philadelphia. 

Sect.  3.  And  he  it  further  enacted,  That  the  said  trustees,  and 
their  successors,  shall  be  able  and  capable  in  law  to  sue  and  be 
sued,  by  the  name,  style,  and  title  aforesaid,  and  to  have  and  to 
make  one  public  and  common  seal,  and  also  one  private  seal  to  use 
in  their  affairs,  and  the  same,  or  either  of  them,  to  break  and  alter 
at  their  pleasure;  and  to  make  rules  and  statutes  not  repugnant  to  Powers, 
the  laws  and  constitution  of  this  state,  or  of  the  United  States  of 
America,  and  to  do  every  thing  needful  and  necessary  to  the  estab- 
lishment of  the  said  university,  and  for  their  own  good  govern- 
ment, and  the  good  government  and  education  of  the  youth  belong- 
ing to  the  same,  and  to  constitute  a faculty,  or  learned  body  to 
consist  of  such  head  or  heads,  and  such  a number  of  professors  in 
the  arts  and  sciences,  and  in  law,  medicine,  and  divinity,  as  they 
shall  judge  necessary  and  proper,  consistent  with  the  aforesaid 
articles  of  union. 

Sect.  4.  And  be  it  further  enacted.  That  all  and  every  the  Estates  of 

1 1 1 1 /V  11  1 • the  former 

estates,  real,  personal,  and  mixed,  moneys,  etiects,  debts,  claims,  institutiouu 
and  demands,  either  in  law  or  equity,  which  at  present  are  vested 
in,  or  belong  to  each  of  the  two  boards  of  the  trustees  of  the  said 
university,  and  of  the  said  college,  academy,  and  charitable  school, 
who  are  hereby  united  and  incorporated  together,  shall  be,  and 
they  hereby  are,  transferred  to  and  vested  in  the  said  trustees  herein 
directed  to  be  appointed  and  incorporated,  and  their  successors, 
with  full  power  to  take,  receive,  hold,  use,  recover,  and  enjoy  the 
same,  according  to  the  purpose,  true  intent,  and  meaning  of  this 
act,  and  that  in  like  manner,  all  claims,  rights,  and  demands,  of  any 
3 


phia.  Gov- 
ernor to  be 
president. 


34 


statement 
to  be  laidbe- 
fore  the  le- 
gislature. 


person  or  persons,  bodies  politick  and  corporate,  against  either  of 
the  said  two  boards,  shall  be  and  remain  valid  and  effectual  against 
the  trustees  herein  directed  to  be  appointed  and  incorporated,  and 
their  successors,  with  power  to  demand,  receive,  and  recover  the 
same,  as  if  they  had  been  originally  contracted  by,  or  due,  or  re- 
coverable from,  the  said  trustees  herein  directed  to  be  appointed 
and  incorporated. 

Sect.  5.  And  he  it  further  enacted,  That  pursuant  to  the  ninth 
article  of  the  terms  of  union,  the  trustees  shall  annually  lay  a state- 
ment of  the  funds  of  the  institution  before  the  legislature  of  the 
commonwealth. 


From  the  Minutes  of  the  November,  1791. 

His  excellency  Thomas  Mifflin,  Governor  of  the  Commonwealth 
of  Pennsylvania,  having  received  certificates  of  the  election  of  the 
trustees  of  the  University  agreeably  to  the  foregoing  Act,  and  hav- 
ing caused  the  persons  in  the  said  certificates  respectively  to  be 
notified  thereof,  and  also  to  meet  at  the  office  of  the  secretary  of 
the  commonwealth,  at  the  state  house  in  the  said  city,  on  Tuesday 
the  eighth  day  of  November,  in  the  year  1791,  the  following  gen- 
tlemen, with  the  governor,  met  in  pursuance  of  such  notice,  viz; 

1.  The  Hon.  Thomas  M’Kean,  LL.Do 

2.  Charles  Pettit, 

8.  The  Rev.  James  Sproat,  D.D. 

4.  Jonathan  B.  Smith, 

6.  Jonathan  D.  Sergeant, 

6.  James  Irvine, 

7.  John  Bleakley, 

8.  John  Carson, 

9.  David  Rittenhouse, 

10.  David  Jackson, 

11.  Jared  Ingersoll, 

1.  The  Rt.  Rev.  Wra.  White,  D.D., 

2.  The  Rev.  Robert  Blackwell,  D.D., 

3.  The  Hon.  Ed.  Shipper), 

4.  William  Lewis, 

5.  Robert  Hare, 

6.  Samuel  Powell, 

7.  David  H.  Conyngham, 

8.  Wm.  Bingham. 

9.  Thomas  Fitzsimmons, 

10.  Geo.  Clymer, 

11.  Edward  Burd, 

12.  Samuel  Miles. 

And  the  said  Act  having  been  read,  the  governor  exhibited  the 
certificates  of  the  election  made  in  pursuance  of  the  first  section 
thereof,  by  which  it  appeared  that  the  persons  above  named,  and 
Henry  Kuhl,  elected  by  the  trustees  of  the  university,  were  respec- 
tively elected  by  the  trustees  of  the  two  institutions  to  be  trustees 
of  the  new  institution  under  the  name  of  ''The  University  of  Penn- 


Elected  by  the 
Trustees  of  the 
University  of  the 
State  of  PennsvL 


vania. 


Elected  by  the 
Trustees  of  the 
College,  Acade- 
my, and  Free 
School. 


sylvania,'^  with  the  corporate  style  and  title  of  ''The  Trustees  of 
the  University  of  Pennsylvania?^ — Whereupon  the  said  trustees, 
with  the  governor  of  the  commonwealth,  formed  themselves  into  a 
Board,  and  proceeded  to  organize  the  said  institution.  Agreeably 
to  the  third  section  of  the  articles  of  union  the  following  persons 
were,  on  the  23d  of  January,  1792,  elected  to  the  Professorships 
annexed  to  their  names  respectively,  viz.,  to  constitute  the  Faculty 
of  Medicine. 

William  Shippen,  jr..  Professor  of  Anatomy,  Surgery,  and  Mid- 
wifery. 

Caspar  Wistar,  Adjunct  Professor  of  the  Same. 

Adam  Kuhn,  Professor  of  the  Practice  of  Physic. 

Benjamin  Rush,  Professor  of  the  Institutes  and  Clinical  Medicine. 
James  Hutchinson,  Professor  of  Chemistry. 

Samuel  Powel  Griffiths,  Professor  of  Materia  Medica. 

Benjamin  S.  Barton,  Professor  of  Natural  History  and  Botany. 

And  on  the  9th  of  April,  1792,  to  constitute  the  Faculty  in  the 
Arts, 

The  Rev.  John  Ewing,  D.D.,  Professor  of  Natural  Philosophy. 
The  Rev.  John  Andrews,  D.D,.  Professor  of  Moral  Philosophy. 
Mr.  James  Davidson,  Professor  of  the  Learned  Languages,  viz.,  of 
the  Latin  and  Greek. 

Mr.  Robert  Patterson,  Professor  of  Mathematics. 

The  Rev.  William  Rogers,  D.D.,  Professor  of  English  and  the 
Belles  Lettres. 

The  Rev.  Henry  Helmuth,  D.D.,  Professor  of  the  German  and 
Oriental  Languages. 

And  on  the  26th  day  of  April,  in  the  same  year,  the  Rev.  John 
Ewing,  D.D.,  was  elected  Provost,  and  the  Rev.  John  Andrews, 
D.D.,  Yice-Provost,  of  the  University  of  Pennsylvania. 


37 


AN  ACT 

Extending  the  limits  of  the  income  of  the  Trustees  of  the  University 
of  Pennsylvania. — Wth  May,  18'7l. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met,  and  it  is  hereby  enacted  by  the  authority  of  the  same.  That  the 
trustees  of  the  University  of  Pennsylvania  are  hereby  authorized 
to  acquire  and  hold  real  and  personal  estate,  for  the  purposes  of 
the  said  university,  the  clear  annual  value  of  which  shall  not  ex- 
ceed the  sum  of  thirty  thousand  dollars,  in  addition  to  that  which 
they  now  hold. 


STATUTES 


OF  THE 

UNIVERSITY  OF  PENNSYLVANIA. 


OF  THE  BOARD  OF  TRUSTEES. 

Section  1.  The  Governor  of  the  State  of  Pennsylvania  for  the 
time  being  is  President  of  the  Board  by  the  charter,  and  when  present 
at  any  meeting  shall  preside. 

Section  2.  The  senior  Trustee  by  election  to  the  Board  shall  be 
President  pro  tempore  thereof,  and  except  when  the  Governor  shall  be 
present  shall  preside  at  all  meetings  of  the  Trustees,  preserve  order 
thereat,  appoint  all  committees,  unless  otherwise  ordered  by  a vote  of 
the  Trustees,  attest  all  the  official  acts,  proceedings,  and  resolutions  of 
the  Board  which  are  intended  to  make  contracts  or  conveyances,  or  to 
alienate,  release,  or  dispose  of  the  property  of  the  University,  whether 
the  same  be  real  or  personal,  and  generally  perform  all  other  duties 
which  pertain  to  the  powers  and  duties  of  a presiding  officer. 

Section  3.  In  the  absence  of  the  President  pro  tempore  from  any 
meeting  the  senior  Trustee  by  election  to  his  place,  then  present,  shall 
preside,  and  for  the  time  being  exercise  all  the  powers  and  perform  all 
the  duties  of  the  President  pro  tempore. 

Section  4.  Stated  meetings  of  the  Trustees  shall  be  held  on  the 
first  Tuesday  of  every  month,  at  such  place  and  at  such  hour  as  the 
Board  may  by  resolution  from  time  to  time  order  and  direct.  Special 
meetings  may  be  called  by  the  President  pro  tempore  whenever  he 
may  deem  the  same  necessary  or  expedient. 

In  the  absence  of  the  President  pro  tempore  from  the  city  of  Phil- 
adelphia, or  of  his  refusal  to  call  a special  meeting  of  the  Board  on 
the  written  request  of  five  Trustees,  the  Secretary  shall,  upon  such  a 


4 


written  request,  call  a special  meeting.  The  call  for  the  special  meet- 
ing shall  designate  the  business  proposed  to  be  considered  thereat,  and 
no  other  business  shall  be  transacted  thereat  unless  by  the  unanimous 
consent  of  the  members  present,  being  at  least  thirteen  in  number. 

At  least  twenty-four  hours’  notice  shall  be  given  for  the  holding  of 
a stated  or  a special  meeting,  and  the  time  and  place  for  holding  the 
meeting  shall  be  expressed  in  the  notice. 

Section  5.  Five  Trustees  shall  constitute  a quorum  for  the  trans- 
action of  ordinary  business,  but  for  the  enactment  of  laws,  the  election 
of  professors,  the  purchase  or  sale  of  real  estate  or  other  property,  or 
the  mortgaging,  pledging,  or  encumbering  thereof,  at  least  thirteen 
Trustees  shall  be  present,  and  a majority  of  the  votes  of  those  present 
at  any  meeting  shall  be  necessary  for  the  adoption  of  any  order,  reso- 
lution, or  action  of  the  Trustees,  or  for  the  election  of  any  professor, 
or  for  the  enactment  or  amendment  of  any  law. 

Section  6.  The  order  of  business  at  the  stated  meetings  shall  be 
as  follows : 

1.  Reading  of  the  minutes  of  the  preceding  meeting  for  the  pur- 
pose of  reconsidering  the  same,  if  any  amendment  thereof  shall  be 
deemed  necessary,  and  for  their  adoption. 

2.  Communications  addressed  to  the  Board  to  be  read,  referred,  or 
finally  disposed  of. 

3.  Reports  from  the  Provost,  and  order  taken  thereon  when  it  may 
be  needed. 

4.  Reports  of  Standing  Committees,  and  the  consideration  of  reso- 
lutions or  other  propositions  contained  in  such  reports. 

5.  Reports  of  Special  Committees  and  consideration  thereof,  and 
action  thereon  if  needed. 

6.  Report  of  the  Secretary  and  Treasurer. 

7.  Deferred  business. 

8.  New  business. 

9.  Reading  of  the  rough  minutes  for  correction. 

10.  Adjournment. 

Section  7.  A competent  person  shall  be  elected  Secretary  and 
Treasurer  of  the  Board,  who  shall  hold  his  ofiice  during  the  pleasure 
of  the  Trustees.  He  shall  receive  such  compensation  for  his  services, 
payable  monthly,  as  the  Board  may  from  time  to  time  fix,  and  shall 
give  such  security  for  the  faithful  performance  of  all  his  duties  as  may 
be  also  from  time  to  time  fixed  by  a resolution  of  the  Trustees.  He 
shall,  as  Secretary,  keep  and  engross  regular  minutes  of  the  proceed- 


5 


ings  of  the  Board,  carefully  preserve  and  keep  in  regular  files  all  com- 
munications, reports,  and  other  papers  of  importance ; conduct,  under 
the  direction  of  the  President  pro  tempore^  or  of  the  standing  or 
special  committees,  all  needful  correspondence  on  the  business  of  the 
Board ; and  when  he  may  be  so  requested,  act  as  Secretary  of  any 
committee,  and  preserve  the  minutes  of  its  proceedings;  give  notice 
to  all  committees  of  their  appointment,  and  transmit  to  them  all 
papers,  documents,  and  copies  of  resolutions  that  may  be  referred  to 
them ; give  notice  of  all  stated  and  special  meetings,  and  generally 
perform  such  duties  usually  pertaining  to  the  office  of  a Secretary  as 
the  President  pro  tempore,  or  any  committee  of  the  Board,  may 
direct.  lie  shall  have  the  custody  of  the  corporate  seal  of  the  Uni- 
versity, and  shall  affix  and  attest  the  same  to  such  instruments  or 
writings  as  the  Board  may  order  and  direct. 

Section  8.  As  Treasurer  he  shall  have  charge  of  all  deeds  and 
other  muniments  of  title  to  the  real  estate  of  the  University,  and  of 
all  bonds,  mortgages,  certificates  of  loans,  stocks,  or  other  evidences  of 
property  owned  by  it  or  pledged  to  it,  which  he  shall  deposit  for  safe 
keeping  in  such  place  of  security  as  the  Committee  on  Ways  and 
Means  may  direct.  He  shall  collect  and  receive  all  moneys  that  may 
in  any  way  become  due  and  payable  to  the  Trustees,  and  deposit  the 
same  as  received  in  the  corporate  name  of  the  University  in  such  bank 
or  other  institution  in  the  city  of  Philadelphia  as  the  Committee  on 
Ways  and  Means  may  direct. 

He  shall  pay,  according  to  such  orders  and  resolutions  as  may  be 
made  by  the  Trustees,  all  debts  and  other  obligations  of  the  Trustees 
as  the  same  shall  become  due  and  payable,  and  shall  take  full  and 
sufficient  receipts  and  acquittances  as  vouchers  for  such  payments. 
He  shall  keep  full  and  accurate  accounts  of  all  his  receipts  and  pay- 
ments in  proper  books  to  be  provided  for  such  purposes,  and  shall  sub- 
mit the  same,  together  with  his  vouchers,  monthly,  to  the  Committee 
of  Ways  and  Means  for  examination  and  approval.  He  shall  make 
all  payments  by  cheques,  and  the ‘cheque  shall  state  for  what  account 
the  payment  has  been  made. 

He  shall  at  each  stated  meeting  present  a summary  statement  of  his 
receipts  and  payments  for  the  preceding  month,  showing  also  the  bal- 
ance of  cash  on  hand  and  an  estimate  of  the  receipts  and  payments 
for  the  next  month. 

The  books  of  minutes  and  accounts,  and  all  other  papers  and 
vouchers  in  the  hands  of  the  Secretary  and  Treasurer,  shall  at  all 


6 


times  be  open  to  the  inspection  and  examination  of  any  Trustee,  or  of 
any  Committee  of  the  Board. 

Section  9.  In  case  of  the  resignation  or  removal  from  office  of  the 
Secretary  and  Treasurer,  he  shall  forthwith  deliver  to  his  successor,  or 
to  such  other  person  as  may  be  appointed  to  receive  the  same  by  the 
Trustees,  all  the  property,  books,  papers,  money,  and  every  other  mat- 
ter and  thing  belonging  to  the  Board  that  may  then  be  in  his  charge  or 
possession ; and  an  inventory  of  all  matters  and  things  so  delivered 
shall  be  made  out  and  be  duly  attested  by  the  person  receiving  the  same, 
and  also  by  the  retiring  Secretary  and  Treasurer.  And  in  case  of  a 
vacancy  occurring  in  the  office  of  Secretary  and  Treasurer  by  the  death 
of  the  person  holding  said  office,  it  shall  be  the  duty  of  the  Committee 
of  Ways  and  Means  to  obtain  from  the  legal  representative  of  the  de- 
ceased officer  all  the  books,  property,  money,  papers,  vouchers,  and 
other  effects  of  the  Board  that  may  at  the  time  of  his  decease  have 
been  in  his  charge,  care,  or  possession,  and  to  have  an  inventory  thereof 
made  as  aforesaid,  to  be  attested  by  the  signatures  of  the  chairman  of 
said  committee  and  by  the  legal  representative  of  the  deceased  officer. 

And  in  case  of  a vacancy  occurring  in  the  office  of  Secretary  and 
Treasurer,  from  any  cause  whatever,  such  vacancy  shall  be  filled  by  an 
appointment  to  be  made  by  the  President  tem.j)ore,  with  the  con- 
currence of  the  Committee  of  Ways  and  Means  ; such  appointment  to 
continue,  however,  only  until  an  election  of  Secretary  and  Treasurer 
shall  be  made  by  the  Trustees.  No  person  shall  be  elected  Secretary 
and  Treasurer  unless  he  has  been  nominated  at  the  stated. meeting  of  the 
Trustees,  held  in  the  month  preceding  the  stated  meeting  at  which  he 
is  to  be  balloted  for.  Notice  of  such  intended  election  shall  be  given 
to  the  several  Trustees ; and  no  election  shall  be  held  unless  at  least 
thirteen  Trustees  are  present,  and  the  votes  of  a majority  of  those 
present  shall  be  necessary  to  a choice. 

Section  10.  At  the  stated  meeting  of  the  Board,  in  the  month  of 
January,  annuall^g  the  following  standing  committees,  to  consist  of 
five  members  each,  shall  be  appointed  by  the  President  pro  tempore: 

Ways  and  Means. 

Buildings,  Estates,  and  Property. 

Library. 

Department  of  Arts. 

Department  of  Science. 

Department  of  Medicine. 

Department  of  Law. 


The  Committee  of  Ways  and  Means  shall  have  charge  of  the  finan- 
cial affiiirs  of  the  institution  ; shall  see  to  the  safe  investment  and 
care  of  its  funds ; supervise  and  examine  the  accounts  and  vouchers  of 
the  Treasurer ; report  from  time  to  time  on  the  financial  condition  of 
the  University,  and  on  its  revenues  and  expenditures  ; make  all  invest- 
ments as  may  be  ordered  by  the  Board  ; direct  the  Treasurer  as  to  the 
places  of  deposit  for  the  money  and  other  property  of  the  Board ; ex- 
amine and  vouch  the  accounts  of  the  Treasurer ; report  and  advise  on 
all  appropriations  that  may  be  requested  by  any  department  for  expend- 
iture ; see  to  the  preparation  of  the  annual  report  to  be  presented  to 
the  State  legislature ; and  generally  to  watch  over  and  care  for  the 
financial  interests  of  the  institution. 

Section  11.  The  Committee  on  Buildings,  Estates,  and  Property 
shall  have  charge  of  the  buildings  and  other  real  estate,  and  of 
the  furniture  and  fixtures  belonging  t6  the  institution  ; attend  to  the 
selling,  leasing,  and  renting  of  such  parts  of  the  property  as  may 
not  be  in  actual  use  and  occupied  for  the  purpose  of  instruction ; 
see  that  all  is  kept  in  proper  order  and  repair;  examine  and  ap- 
prove of  all  bills  and  accounts  before  the  same  shall  be  paid,  and 
after  the  same  have  been  duly  vouched  by  the  Provost  or  other  officer 
authorized  to  make  any  outlay ; and  generally  to  act  as  a committee 
on  accounts  for  matters  not  in  charge  of  the  Committee  of  Ways 
and  Means. 

Section  12.  The  Committee  on  the  Library  shall  have  charge  of 
the  general  library  of  the  institution,  and  care  for  the  preservation 
of  its  books,  furniture,  and  fixtures ; they  shall  have  power  to  ap- 
point a librarian,  make  rules  for  his  government  and  for  the  hours  of 
his  attendance,  and  define  his  duties ; provide  for  the  use  of  the 
library ; and  report  at  least  once  a year  on  the  condition  of  the 
library,  and  recommend  measures  for  its  increase,  improvement,  and 
usefulness. 

Section  13.  The  Committees  on  the  Departments  of  Arts,  Science, 
Medicine,  and  Law  shall  severally  have  the  care  and  supervision  of  the 
instruction  to  be  given  in  said  departments ; they  shall  aid  the  Pro- 
vost in  the  management  of  said  departments,  and  by  regular  confer- 
ences and  meetings  with  him  ascertain  the  working  and  success  of 
existing  arrangements,  and  receive  from  the  Provost  such  suggestions 
for  improvement  as  the  several  Faculties  may  from  time  to  time  make 
through  him,  and  report  thereon  to  the  Board. 

The  auxiliary  Department  of  Medicine  shall  be  under  the  care  of 


8 


the  Committee  on  the  Department  of  Medicine,  and  the  Department 
of  Music  shall  be  under  the  care  of  the  Committee  on  the  Department 
of  Science. 

Each  of  said  committees  shall  have  the  general  care  of  the  apparatus, 
special  libraries,  collections,  cabinets,  and  museums  appropriated  for 
the  use  of  the  department  under  its  charge,  and  see  that  proper  inven- 
tories and  records  of  them  are  taken  and  kept ; and  that  the  several 
professors  and  other  officers  in  charge  thereof  are  held  properly  respon- 
sible for  their  care  and  preservation  and  delivery  to  the  Provost,  or 
other  officer  who  may  be  appointed  to  receive  the  same,  on  the  resig- 
nation, death,  or  removal  from  office  of  any  one  having  had  the  same 
in  charge. 

Each  Faculty  shall  prepare  and  present,  through  the  Provost,  to  the 
proper  committee  in  charge  of  its  department,  in  the  month  of  June 
of  each  year,  an  estimate  of  th6  amount  that  may  be  needed  to  defray 
its  expenses  from  the  1st  day  of  October  until  the  30th  day  of  Sep- 
tember next  succeeding  ; which  estimate  shall  be  revised  by  the  proper 
committee,  and  be  transmitted  to  the  Committee  on  Ways  and  Means, 
with  such  recommendations  for  its  allowance  or  reduction  as  may  be 
deemed  proper. 

Section  14.  The  reports  of  all  committees  shall  be  in  writing;  pro- 
vided, however,  that  the  minutes  of  any  committee  may,  if  it  deems 
the  same  advisable,  be  submitted  as  a report. 

Section  15.  Special  committees  shall  be  appointed,  unless  other- 
wise ordered  by  the  Board,  by  the  President  pro  tempore^  whenever 
the  Trustees  may  deem  the  same  advisable,  for  the  consideration  of 
any  subject. 

Section  16.  No  money  shall  be  drawn  from  the  treasury  unless  an 
appropriation  for  the  expenditure  of  the  same  has  been  previously 
made  by  the  Board.  No  debt  shall  be  contracted  unless  a requisition 
for  the  object  needed  shall  have  been  made  therefor  by  the  officer  or 
agent  authorized  to  order  the  same,  and  such  requisition  has  been  ap- 
proved by  the  Provost.  Bills  for  all  supplies  ordered  shall  be  collected 
at  the  close  of  every  month  and  be  sent  to  the  Secretary  of  the  Board 
of  Trustees,  approved  by  the  Provost  before  the  day  of  the  stated 
meeting  in  the  following  mouth,  and  the  Secretary  on  the  receipt  of 
such  bills  shall  present  them  to  the  Committee  on  Buildings,  Estates, 
and  Property  for  approval  for  payment. 


9 


OF  INSTRUCTION  AND  DISCIPLINE. 

Section  17.  The  instruction  to  the  students  shall  be  given  and 
their  government  shall  be  administered  in  such  manner  as  the  Faculty 
of  each  department  may  direct,  under  the  general  supervision,  control, 
and  order  of  the.  Board  of  Trustees. 

The  Provost  shall  be  the  chief  executive  officer  of  the  University. 
He  shall  be  a member  of  and  President  of  each  Faculty,  and  when 
present  at  a Faculty  meeting  shall  preside  thereat,  and  may  call  a 
special  meeting  of  any  Faculty  when  he  may  deem  the  same  expedient. 
He  shall  be  the  organ  of  communication  between  each  Faculty  and  the 
several  members  thereof  and  the  Board  of  Trustees.  He  shall  have 
the  general  care  and  supervision  of  the  buildings  occupied  for  the  pur- 
poses of  instruction  and  the  grounds  connected  therewith,  and  shall 
enforce  such  care  and  supervision  by  such  officers  and  servants  as  the 
Trustees  may  direct  to  be  employed  for  such  services.  He  shall  from 
time  to  time  report  to  the  Board  on  the  state  of  the  instruction  in  the 
several  departments,  and  make  such  suggestions  for  the  improvement 
thereof  as  he  shall  deem  expedient.  He  shall  attend  each  stated 
meeting  of  the  Board  of  Trustees,  and  when  present  shall  have  the 
privilege  of  speaking  on  all  questions  that  may  come  before  the  Board, 
and  he  may  attend  the  meeting  of  any  standing  committee.  He  shall 
approve  of  all  requisitions  for  supplies  before  the  same  are  ordered  by 
any  Professor  or  other  officer  in  charge,  and  shall  certify  to  the  Treas- 
urer all  bills  for  supplies  duly  ordered.  He  shall  receive  and  transmit 
to  the  proper  committees  all  applications  for  gratuitous  instruction, 
with  the  proofs  of  the  worthiness  of  the  claims  of  the  applicants  for 
admission,  and  also  his  opinion  as  to  the  propriety  of  admitting  the 
applicants.  He  shall  also  receive  applications  for  free  scholarships, 
and  report  the  names  of  those  found  qualified  to  the  proper  com- 
mittee for  admission.  Every  Professor,  assistant  Professor,  Instructor, 
or  other  officer  or  agent  engaged  in  instruction  or  discipline  shall  be 
primarily  responsible  to  him  for  the  faithful  performance  of  his  duties, 
except  in  cases  where  an  assistant  is  assigned  for  duty  and  service 
to  a Professor  in  any  department,  in  which  case  such  assistant  shall  be 
primarily  responsible  to  such  Professor.  He  shall  report  to  the  Trus- 
tees all  cases  of  neglect  of  duty  on  the  part  of  any  Professor  or  other 
officer  or  employee  of  the  institution.  Pie  shall  preside  at  all  Com- 
mencements, and  confer  the  Degrees  ordered  by  the  Trustees.  He 
shall  in  all  cases  affecting  the  government  and  instruction  have  full 


10 


and  conclusive  authority,  subject  only  to  the  Board  of  Trustees,  and, 
as  the  chief  executive  officer  of  the  University,  shall  be  obeyed  and 
respected  accordingly. 

Section  18.  In  case  of  a vacancy  in  the  office  of  the  Provost,  or 
of  his  permanent  absence  from  the  city  or  from  duty,  the  Yice-Provost 
shall  act  as  Provost  until  the  vacancy  be  filled  or  the  Provost  shall 
return  to  the  discharge  of  his  duties. 

Section  19.  There  shall  be  the  following  Faculties,  to  consist  of  the 
Provost  and  such  number  of  Professors,  adjunct,  and  assistant  Pro- 
fessors as  the  Trustees  may  from  time  to  time  direct,  to  wit : Arts, 
Medicine,  Law,  Towne  Scientific  School,  Auxiliary  of  Medicine,  and 
Music. 

Each  Faculty  shall  meet  at  least  once  a month,  or  when  called  specially 
by  the  Provost,  except  during  vacation,  and  the  members  thereof  shall 
attend  such  meetings,  and  shall  elect  a Dean  and  Secretary.  Provided, 
however,  that  the  Vice-Provost  shall  be  ex- officio  Dean  of  the  Faculty 
of  Arts.  In  the  absence  of  the  Provost  from  any  meeting  the  Dean 
shall  preside.  The  Secretary  shall  keep  regular  minutes  of  its  pro- 
ceedings, which  shall  at  all  times  be  open  to  the  inspection  of  any 
Trustee,  to  the  Provost,  or  any  member  of  the  Faculty. 

All  requisitions  for  supplies  shall  be  issued  and  signed  by  the  Sec- 
retary of  the  Faculty  for  whose  use  such  supplies  are  needed.  No 
requisition  for  a supply  shall  be  issued  unless  an  appropriation  has 
been  duly  made  by  the  Trustees  for  defraying  the  expenses  thereof 

Each  Faculty  shall  have  such  instructors,  assistants,  and  other  em- 
ployees assigned  to  it  as  the  Trustees,  by  resolutions  for  such  purposes, 
may  allow. 

Every  Professor,  adjunct  Professor,  or  other  officer  or  employee  shall 
hold  his  office  during  the  pleasure  of  the  Board,  and  shall  receive  such 
compensation  for  his  services,  payable  monthly,  as  the  Trustees  may 
from  time  to  time  designate.  Bemovals  from  office,  except  in  the 
case  of  a member  of  a Faculty,  shall  be  made  by  the  Provost  with  the 
concurrence  of  the  standing  committee  on  the  department  or  other 
branch  of  the  service  of  the  University  in  which  the  person  to  be 
removed  has  been  employed. 

A member  of  a Faculty  may  be  removed  at  any  meeting  of  the 
Board  of  Trustees  at  which  at  least  thirteen  members  are  present  and 
at  least  two-thirds  of  those  present  concurring  in  such  removal ; but  no 
member  of  a Faculty  shall  be  removed  from  office  unless  for  cause 
shown  in  a complaint  made  in  writing  by  the  Provost  or  the  standing 


11 


• committee  having  charge  of  the  department  in  which  such  member  is 
employed,  nor  until  notice  has  been  given  to  such  member  of  the  com- 
plaint against  him,  which  notice  shall  be  served  on  the  member  so 
complained  of  at  least  ten  days  before  the  consideration  of  his  case  by 
the  Board  of  Trustees.  His  reply  to  the  complaint  shall  be  in  writing. 
But  the  Trustees  expressly  reserve  the  right  in  all  cases  by  the  proper 
quorum  and  vote  to  summarily  remove  any  member  of  a Faculty  from 
office  if  in  their  judgment  the  interests  of  the  University  require  such 
removal. 

Section  20.  Professorships  on  special  subjects  may  be  established 
by  resolutions  of  the  Trustees,  and  the  Professors  to  fill  the  same  shall 
be  chosen  in  the  same  way  as  Professors  in  the  regular  Faculties. 
Such  Professors  shall  hold  their  offices  for  such  terms  and  receive 
such  compensation  as  the  resolution  providing  for  their  appointment 
may  direct. 

Section  21.  Students  shall  be  admitted  into  the  several  depart- 
ments as  the  regulations,  which  may  from  time  to  time  be  adopted  by 
the  Trustees,  shall  direct.  These  regulations  shall  prescribe  the  ex- 
aminations requisite  for  admission,  the  courses  of  study,  the  qualifi- 
cations required  for  Degrees,  the  cost  of  tuition,  and  the  general 
discipline  of  the  University. 

Section  22.  Gratuitous  instruction  shall  be  given  in  each  depart- 
ment to  such  number  of  indigent  students  as  the  standing  committee 
having  charge  thereof  shall  direct.  Applicants  for  such  instruction 
shall  submit  to  the  Provost  their  claims  to  such  instruction,  and  if  he 
after  examination  shall  deem  them  qualified  in  all  respects  for  admis- 
sion he  shall  report  thereon  to  the  proper  committee,  which  shall  then 
take  order  on  such  applications.  The  names  of  such  students  shall 
not  be  made  public,  but  be  confined  to  the  knowledge  of  the  Provost, 
Treasurer,  and  proper  committee. 

Section  23.  There  shall  be  forty  scholarships  in  the  Towne  Scien- 
tific School,  ten  of  which  shall  be  competed  for  annually  by  pupils  of 
the  public  schools  in  the  City  of  Philadelphia  under  such  rules  as 
have  heretofore  been  adopted  and  published  therefor ; but  such  rules 
may  from  time  to  time  be  altered  or  amended  by  special  resolutions  of 
the  Board,  to  take  effect  at  the  beginning  of  the  college  year  after 
their  adoption. 

Section  24.  Female  students  shall  be  admitted  to  such  partial 
courses  of  advanced  studies  in  the  Department  of  Arts  and  Towne 
Scientific  School  and  Music  as  the  Provost,  with  the  approval  of  the 


12 


proper  committees,  shall  direct.  The  terms  of  admission  and  the  re- 
quisites therefor  shall  be  fixed  by  the  committee  in  conjunction  with 
the  Provost.  The  name  of  any  such  student  admitted  to  gratuitous 
instruction  under  this  section  shall  not  be  made  public,  but  be  con- 
fined to  the  knowledge  of  the  Provost,  Treasurer,  and  proper  com- 
mittee. 

Section  25.  There  shall  be  two  public  Commencements  held  an- 
nually for  conferring  Degrees  : the  first,  for  Degrees  in  Medicine,  on  the 
15th  day  of  March,  and  the  second,  on  the  15th  of  June,  for  Degrees 
in  the  Arts,  Law,  Science,  and  auxiliary  department  of  Medicine  and 
Music.  When  those  days  shall  fall  on  Saturday  or  Sunday  the  Com- 
mencement shall  be  held  on  the  preceding  Friday. 

At  all  Commencements  and  other  public  occasions,  the  Provost, 
Vice-Provost,  and  Professors  and  students  shall,  unless  excused  by  the 
Provost,  appear  in  proper  caps  and  gowns. 

Section  26.  Honorary  Degrees  will  be  conferred  on  persons  deemed 
worthy  to  receive  the  same  in  the  following  manner : a nomination  of 
the  candidate  for  such  a Degree,  with  a statement  of  his  claims  to  such 
a distinction,  shall  be  made  in  writing  and  be  presented  to  the  Board 
of  Trustees  at  a stated  meeting.  Such  nomination  shall  be  referred  to 
the  standing  committee  having  charge  of  the  department  to  which  the 
proposed  Degree  pertains.  The  committee  shall  report  on  the  nomina- 
tion at  the  next  or  some  subsequent  stated  meeting.  If  a favorable 
report  shall  be  made  on  such  nomination  it  shall  lie  over  for  three 
months,  and  then  the  Trustees  shall  vote  thereon  ; and  the  unanimous 
vote  of  the  Trustees  casting  ballots  shall  be  required  for  conferring  any 
honorary  Degree.  Degrees  so  ordered  shall  be  conferred  at  the  Com- 
mencement next  succeeding  such  order. 

Section  27.  Every  mandamus  ordering  the  conferring  of  Degrees 
shall  be  signed  by  at  least  thirteen  Trustees ; and  the  several  Faculties 
shall  certify  to  the  Board  through  the  Provost  at  least  ten  days  before 
the  holding  of  any  Commencement  the  names  of  such  candidates  for 
Degrees  as  have  passed  satisfactory  examinations  and  are  otherwise 
qualified  to  receive  the  same. 

Section  28.  No  room  in  the  University  buildings  shall  be  used  by 
the  students  or  any  other  person  for  a meeting,  unless  the  permission 
of  the  Provost  or  of  the  Trustees  has  been  first  obtained. 


13 


LEAVE  OF  ABSENCE. 

Section  29.  When  a Professor  desires  leave  of  absence  from  his 
duties  he  shall  make  application  in  writing  to  the  Provost,  stating  the 
reason  therefor.  If  the  leave  asked  for  does  not  extend  beyond  one 
week,  the  Provost  shall  decide  upon  the  application  ; and  if  for  a longer 
period,  he  shall  forward  the  application  to  the  committee  on  the  proper 
department  for  action  thereon. 

UNIVERSITY  HOSPITAL. 

Section  30.  The  University  Hospital  shall  remain  in  charge  of  its 
Board  of  Managers  and  professional  staff,  under  the  rules  and  regula- 
tions now  in  force,  until  the  same  are  duly  altered  or  amended. 

EXISTING  LAWS  AND  REGULATIONS. 

Section  31.  All  statutes  of  the  University  heretofore  enacted  by 
the  Board  of  Trustees,  and  all  regulations  now  in  force  for  the  instruc- 
tion and  government  of  the  students  under  the  authority  of  the  several 
Faculties,  that  are  not  altered  or  supplied  by  this  code,  shall  be  con- 
tinued in  force  until  otherwise  ordered  by  the  Trustees. 

AMENDxMENTS. 

Section  32.  Propositions  for  the  alteration  or  amendment  of  these 
laws  shall  be  made  in  writing,  be  submitted  at  a stated  meeting,  and  be 
considered  and  acted  on  at  the  next  or  some  subsequent  stated  meeting, 
of  which  proposed  consideration  notice  shall  be  given  by  the  Secretary. 


